Amended Complaints and Quantum Meruit – Some Illinois Reminders

Earlier (http://paulporvaznik.com/quantum-meruit-basics-illinois-law/1367) I discussed how quantum meruit is a valuable fallback or “Plan B” theory of recovery when a client has done work for someone, hasn’t been paid and there is no governing express contract between them.  Quantum meruit (translation: “as much as he deserves”) ensures that my client at least gets something where his  services have benefitted a defendant who …

Agreed Settlement Order Not a Final Order Under Res Judicata Test – IL 1st Dist.

The Illinois First District recently provided a good synopsis of res judicata in Mass Realty, LLC v. Five Mile Capital, 2014 IL App (1st) 133871-U, a November 2014 unpublished opinion. The case involves two lawsuits – a 2010 mortgage foreclosure case (the “2010 Case”) and a 2013 breach of contract and unjust enrichment case (the …

Sub-subcontractor Recovers From General Contractor Under Implied Contract/Unjust Enrichment Theory

C. Szabo Contracting v. Lorig Construction, 2014 IL App (2d) 131328’s plaintiff  sub-subcontractor (it contracted with a subcontractor, tried to use unjust enrichment to recover against a twice-removed general contractor on a highway construction job. The plaintiff installed underground pipes under a subcontract.  When the subcontractor didn’t pay, the Plaintiff sued the general contractor to recover over $200K …