WESTERN WATERPROOFING CO. V. SPRINGFIELD HOUSING AUTHORITY
669 F. Supp. 901 (C.D. Ill. 1987)
NATURE OF THE CASE: This is a third party suit by an unpaid subcontractor against a
public contracting agency. Western (P), subcontractors, brought an action against
Springfield (D) housing authority to recover amounts due under a construction contract. Both
parties filed motions for summary judgment.
FACTS: Western (P) was a subcontractor hired by Bildoc under a Springfield Housing
Authority (D) waterproofing project. Under Illinois law, D was to require Bildoc to obtain a
payment bond. The contract required a performance bond. P finished its work and was never
paid by Bildoc. P could not collect on its default judgment against Bildoc. P then sued D as
a third party beneficiary for failing to ensure that Bildoc obtained a payment bond. D
claimed that the contract only required a performance bond. P claimed it required both a
performance bond and a payment bond. The parties filed motions for summary judgment.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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