WEATHER-TITE v. UNIVERSITY OF ST. FRANCIS

No. 107108.

909 N.E.2d 830 (2009)

233 Ill.2d 385

WEATHER-TITE, INC. v. UNIVERSITY OF ST. FRANCIS et al. Excel Electric, Inc., Appellee, v. University of St. Francis et al. (University of St. Francis, Appellant).

Supreme Court of Illinois.

May 21, 2009.


Attorney(s) appearing for the Case

George J. Vosicky, Pamela Davis Gorcowski and Richard J. Kavanagh, of Kavanagh Grumley & Gorbold LLC, Joliet, for appellant.

Douglas W. Schlak, New Lenox, for appellee.


OPINION

Justice KILBRIDE delivered the judgment of the court, with opinion.

In this appeal, we address whether an owner has a duty to retain funds due a subcontractor as shown on the general contractor's sworn statement pursuant to section 5 of the Mechanics Lien Act (770 ILCS 60/1 et seq. (West 2004)). The trial court entered judgment in favor of the University and against Excel, holding that the University properly paid the general contractor all...

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