Appellate Court of Illinois

Summary judgement in favor of defendants on plaintiff's claims for breach of contract, dismissal of plaintiff's claims against the Illinois Dept. of Transportation (IDOT), and an award of interest for late payment to plaintiff is affirmed in part and reversed in part where: 1) the state was not a proper party since plaintiff failed to claim that the state, or its agent, violated a duty to set aside funds in accordance to section 23(c); 2) section 550.04 of the contract is not ambiguous in light of the custom or practice in road construction projects and defendant was not required to pay the excess backfill; and 3) the trial court properly applied the State Prompt Payment Act when it awarded interests on the retainage.

Appellate Information

• Decided 04/30/2008
• Published 06/11/2008

Judges

• Justice GOLDENHERSH delivered the opinion of the court.

Court

• Appellate Court of Illinois

Counsel

• For Appellant:
  
• Patrick M. Flynn, Flynn & Guymon, Belleville, IL, for Thiems Construction Co., Inc., Thomas W. Burkart, Burkart Law Offices, Hamel, IL, for Korte & Luitjohan Contractors, Inc., Lisa Madigan, Attorney General, Gary Feinerman, Solicitor General, Erik Light, Assistant Attorney General, Chicago, IL, for The Department of Transportation.