Judge Finds Fact Issues Exist Over Knowledge Of Claim Under Performance Bond
Mealey's (October 12, 2017, 10:22 AM EDT) -- CHICAGO — Material fact issues remain as to when a contractor knew of a construction defects claim under a performance bond, an Illinois federal judge ruled Oct. 10, denying summary judgment on a surety’s statute of limitations defense (James McHugh Construction Co. v. International Fidelity Insurance Co., No. 14-02399, N.D. Ill., 2017 U.S. Dist. LEXIS 166729).
(Memorandum opinion and order available. Document #69-171103-011Z.)
James McHugh Construction Co. sued International Fidelity Insurance Co. (IFIC) in the Cook County, Ill., Circuit Court, for breach of contract on March...