Skip to main content
· 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 CourtListener

Sourced 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.