Summary judgment for subcontractor based on contractual exculpatory clauses upheld on appeal

Posted by Bradford S. Purcell | Jul 01, 2014 | 0Comments

In a lawsuit arising out of work performed by a concrete drilling subcontractor, which allegedly damaged a Chicago parking garage, Mark Mickiewicz obtained summary judgment for the subcontractor after arguing, among other things, that language in the subcontract exculpated the subcontractor from suit by the general contractor and that the general contractor lacked standing to recover money for alleged damage to the landowner's property.  Addressing only the contractual arguments, the Appellate Court for the First District of Illinois upheld the judgment, finding that the contractual liability clauses were enforecable and not unconscionable even where their enforcement made any potential judgment to the general contractor impossible.  Halloran & Yauch, Inc. v. Roughneck Concrete Drilling & Sawing Co., 2013 IL App (1st) 131059.

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