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 …
Tag Archives: ambiguity
Fee Shifting – Is ‘Prevailing Party’ Language Required?
I see this often: plaintiff sues a defendant for breach of contract. The defendant has more financial resources than the plaintiff and the contract doesn’t have an attorneys’ fees provision. Meaning, each side is responsible for its own fees. After several months, the plaintiff gets financially (and mentally) worn down by the richer defendant – who by now …
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Illinois Contract Law: Parol Evidence Rule, ‘No Damages for Delay’ Clauses
In Asset Recovery vs. Walsh Construction, 2012 IL App (1st) 101226, the First District affirmed a bench trial judgment for a general contractor sued by a demolition subcontractor for breach of contract and quantum meruit. The lawsuit stemmed from numerous delays over the course of a multi-million dollar demolition subcontract in connection with the redevelopment of the Palmolive Building, a high profile …
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