Illinois Attorneys Obtain Summary Judgment in Construction Defect Case

Chicago attorneys Jason E. Hunter and Phillip G. Litchfield obtained summary judgment in Cook County, Ill., in a construction defect case stemming from an alleged plumbing defect due to an incorrectly planned pitch of sewage pipe connections that evidentially caused the plaintiff’s medical facility to close. Allegedly as a result of its business closure that spanned a number of months, the medical facility’s clients resorted to taking their personal health business elsewhere. In the complaint, the plaintiff claimed damages in excess of $10,000,000 for the cost of lost business and repairs.

Jason and Phil’s development company client was named as a third-party defendant for its purported involvement in the initial buildout of the previously empty medical facility, with damage affecting a portion of a floor within the building.

The third-party plaintiff argued that it had an oral contract with our development company client to oversee the buildout and concluded that our client was solely responsible for the defective construction resulting in sewage backup, foul odors and floor rippling. The third-party plaintiff relied on its prior relationship with our client, arguing that there was a continued course of business between the two entities due to their history of having worked on previous projects to completion.

Our Litchfield Cavo attorneys filed a summary judgment motion arguing that the alleged oral contract, as testified to by the third-party plaintiff, was too vague to be enforceable under Illinois law. Circuit Court Judge Daniel J. Kubasiak agreed and granted summary judgment in our client’s favor.

Jason represents corporate and individual clients in matters involving construction liability, homeowner association defense, catastrophic personal injury, class action, trucking/automobile litigation and medical malpractice defense. He represents commercial clients in litigation, arbitration and mediation, and also provides guidance in corporate structure/formation, contract disputes, director and officer defense, copyright/trademark and cyber liability. Jason is routinely retained to represent business and commercial entities in matters involving multi-million dollar exposures.

Phil focuses his defense litigation practice on construction liability, personal injury, class action and wrongful death claims. He also concentrates on corporate defense, professional liability and medical malpractice. Phil defends insureds, contractors and tradesmen, as well as manufacturers and distributors in actions alleging injuries or property damage. His representative experience includes defective products, construction defects, motor vehicle accidents and other casualties.