Construction Law

Plaintiff, an underground utility business specializing in installation of water and sewer lines, sued residential construction businesses for non-payment. Trial court ordered construction businesses to pay money into escrow account pending final resolution of cases. Plaintiff requested only monetary relief, thus injunctive relief inappropriate as an improper prejudgment equitable attachment. Equitable attachments are prohibited in Illinois except where claimant has interest in specific funds held by debtor, which was not the case here, as funds had no connection to underlying dispute.

Language in contract between engineering companies and developer obligated engineering companies to employ professional standard of care in designing replacement for bridge deck. Affidavit of civil engineer is evidence that companies breached standard of care by not considering or designing improved median barrier, although median barrier was not explicitly mentioned in contract.