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PEOPLE EX REL. DEPT. OF LABOR v. VALDIVIA

No. 2-10-0998.

955 N.E.2d 631 (2011)

353 Ill. Dec. 164

The PEOPLE ex rel. the DEPARTMENT OF LABOR, Plaintiff, v. Pedro VALDIVIA, Individually and d/b/a V & A Landscaping, Defendant and Third-Party Plaintiff-Appellant (Pasqualino Divito, Individually and d/b/a Patnick Construction, Inc., Third-Party Defendant-Appellee).

Appellate Court of Illinois, Second District.

August 16, 2011.

Attorney(s) appearing for the Case

Lance C. Ziebell , Lavell Law, Ltd., Palatine, for Pedro Valdivia.

David N. Michael , Joseph P. Bonavita , Gould & Ratner LLP, Chicago, for Pasqualino Divito.

Lisa Madigan , Attorney General, State of Illinois, Destiny R. Woods , Assistant Attorney General, for People ex rel. Illinois Department of Labor.

OPINION

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

¶ 1 The Department of Labor (Department) filed a complaint against defendant, subcontractor Pedro Valdivia, individually and doing business as V & A Landscaping (Valdivia), alleging that he violated the Prevailing Wage Act (Prevailing Wage Act or Act) (820 ILCS 130/1 et seq. (West 2004)). Valdivia filed a two-count third-party complaint against general contractor Pasqualino...

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