Mostardi Platt Environmental, Inc. v. Power Holdings, LLC, 2014 IL App (2d) 130737-U shows the importance of clarity in contract drafting – particularly compensation terms. The case also illustrates the crucial distinction between a time-and-expense (or time and materials) contract and a lump-sum payment contract. Plaintiff was hired to perform environmental assessment services and to secure government permits for …
Tag Archives: quantum meruit
Illinois Court Gives Agency Law Tutorial In Commercial Lease Fight
Three agency law issues that I regularly encounter in commercial litigation practice are (1) authority, (2) ratification and (3) a contract that doesn’t identify a valid entity. The authority question posed is whether an individual – typically a company employee or independent contractor – can bind the company by the individual’s conduct. Ratification applies where a corporate principal accepts the benefits …
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Contractor’s Material Breach of Construction Contract Dooms Mechanics’ Lien and Breach of Contract Claims
In Kasinecz v. Duffy, 2013 IL App (2d) 121329-U, an August 2013 Second District case, a contractor suffered a three-pronged defeat in his lawsuit against a homeowner. The Court affirmed the lower court’s bench trial judgment for the homeowner on the contractor’s breach of contract, mechanics’ lien and quantum meruit claims. Facts: This is the second appeal involving the parties. In …