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G.M. HARSTON CONST. CO., INC. v. CITY OF CHICAGO

No. 01 C 26B.

371 F.Supp.2d 949 (2005)

G.M. HARSTON CONSTRUCTION CO., INC., and Glenn M. Harston, Plaintiffs, v. THE CITY OF CHICAGO, an Illinois municipal corporation, David E. Malone, and Harston/Schwendener, a Joint Venture, Defendants.

United States District Court, N.D. Illinois, Eastern Division.

March 8, 2005.

Attorney(s) appearing for the Case

Gregory A. Friedman, Paula K. Maguire, Friedman & Holtz, P.C., Frederick Scott Rhine, Matthew J. Piers, Gessler Hughes Socol Piers Resnick & Dym Ltd., Chicago, IL, for Plaintiff.

Marc E. Odier, Michael A. Forti, Thomas Forgue, Department of Law, Adam M. Kingsley, Holland & Knight LLC, Gerald C. Peterson, Jack J. Crowe, Renee Ourania Sotos, Timothy J. McCaffrey, Timothy John Rooney, Winston & Strawn LLP, Scott Bleser Greene, Jennifer Bates McIntyre, Lawrence Oliver, II, Perkins Coie, LLC, Chicago, IL, for Defendants.

MEMORANDUM OPINION AND ORDER

MORAN, Senior District Judge.

In the usual construction project, the owner makes progress payments, with some withheld. If all goes well, the balance is paid after completion. If the contractor is able to stay within his budget, he makes his expected profit. If all does not go entirely well, the contractor may be compensated for additional work specified by change orders, or the last payment may be reduced because of deficiencies...

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