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: parol evidence
Integration Clause, Justifiable Reliance and Limited Guaranties: IL Basics
The limited guarantor won big in Ringgold Capital IV, LLC v. Finley, 2013 IL App (1st) 121702, a case that vividly captures how important it is for a lender to correctly document a loan. After a borrower defaulted on the underlying loan, the plaintiff sued to foreclose its mortgage and on the guaranty. The trial court dismissed …
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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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