Appellate Court of Illinois

In the matter of a construction contract dispute, co-defendant, counterplaintiff, and third-party plaintiff-appellant-PHS's appeal from an order of the circuit court granting partial summary judgment in favor of third-party defendant-appellee-Hartford and plaintiff and counterdefendant-Solai & Cameron (S&C) is affirmed over claims that: 1) the circuit court erroneously granted partial summary judgment because genuine issues of material fact exist between the parties; 2) the electrical subcontracts granted PHS superior rights to complete the electrical work when PHS terminated S&C; 3) the actions of PHS did not nullify Hartford's obligations under the performance bonds and PHS substantially complied with paragraph 3 of the performance bonds; 4) estoppel prevents Hartford's defenses; and 5) Hartford waived the right to mitigate damages under the terms of the performance bonds.

Appellate Information

• Decided 07/10/2007
• Published 07/19/2007

Judges

Court

• Appellate Court of Illinois

Counsel