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WESPARK v. NEUMANN HOMES, INC.

No. 1-07-1307.

903 N.E.2d 39 (2009)

BOARD OF MANAGERS OF WESPARK CONDOMINIUM ASSOCIATION, an Illinois Not-For-Profit Corporation, Plaintiff, v. NEUMANN HOMES, INC., an Illinois Corporation, d/b/a Neumann Homes, Defendant and Third-Party Plaintiff-Appellee, (Royal Builders, Inc., Third-Party Defendant, TBS Construction, Inc., d/b/a TBS Concrete, Inc., Third-Party Defendant-Appellant).

Appellate Court of Illinois, First District, Fourth Division.

January 29, 2009.

Attorney(s) appearing for the Case

Esp, Kreuzer, Cores & McLaughlin, Wheaton, IL (Adam S. Kreuzer and Jeffrey S. Barger, of counsel), for Third-Party Defendant-Appellant.

Peregrine, Stime, Newman, Ritzman & Bruckner, Ltd., Wheaton, IL (Thomas M. Newman and Elizabeth P. Schaffer, of counsel), for Third-Party Plaintiff-Appellee.

Justice STEELE delivered the opinion of the court:

Construction problems led the plaintiff condominium owners, Board of Managers of Wespark Condominium Association (Wespark), to sue the defendant builders, Neumann Homes, Inc. (Neumann), and the builders in turn filed a third-party complaint against TBS Construction, Inc. (TBS), the third-party defendant subcontractor. The trial court found the third-party complaint timely under section 13-204 of the Illinois Code...

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