Construction Contract Ambiguity: Court Considers Expert Testimony To Clarify Contract Terms

A construction site injury provides the setting for the First District’s recent application of Illinois contract interpretation rules to the question of when and how contracting parties’ prior course of dealing can inform the court’s analysis of an ambiguous written agreement. In Gomez v. Bovis Lend Lease, 2013 IL App (1st) 130568, the plaintiff plumbing subcontractor was injured when …

Tortious Interference With Prospective Economic Advantage – An Illinois Case Note

In Davidson v. Schneider, 2014 WL 656780 (N.D.Ill. 2014), the Court describes the quantum of proof required for a plaintiff to survive summary judgment on both the damages element of a breach of contract claim and the “reasonable expectancy” prong of a tortious interference claim. The plaintiff and defendant were competitors in the baseball vision testing business.  …

Employer Can Enforce Unsigned (By It) Severance Agreement – Illinois Court

In Wheeling Park District v. Arnold (2014 IL App (1st) 123185)), the First District addresses whether a party suing on a contract must sign it in order to enforce it. The plaintiff  Park District sued to enforce a severance agreement it reached with a former employee.  Under the severance agreement, the District paid the employee three months of severance pay …