· 8/20/1993
Mayfair Construction Co. v. Waveland Associates Phase I Limited Partnership
Citations
- 619 N.E.2d 144
- 249 Ill. App. 3d 188
- 188 Ill. Dec. 780
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that under Illinois contract law, “it is presumed that all provisions were inserted for a purpose, and conflicting provisions will be reconciled if possible so as to give effect to all of the contract’s provisions”
- holding that refusal to submit disputes to third party designated by the contract was a material breach where the aggrieved party offered testimony that it would not have signed the contract without the dispute resolution provisions, which ensured work would proceed in a timely manner
- stating that “[i]n construing a contract, it is presumed that all provisions were inserted for a purpose, and conflicting provisions will be reconciled if possible so as to give effect to all of the contract’s provisions”
- rejecting a broad interpretation of the phrase ‘any dispute’ because it would “nullify the explicit mandate of the rest of the contract.”
- a material breach of contract includes the failure to perform a “substantial undertaking set forth in [the] contract”
- party’s refusal to submit construction contract disputes to architect for arbitration as per the contract was a material breach where there was an immediate financial impact on the other party
Source: CourtListener parenthetical corpus (CC0).
Judges: McNAMARA
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.