Third Swansea Properties, Inc. v. Ockerlund Construction Co.

This is an appeal from an order granting summary judgment to defendant Cannon Steel Erection Company (Cannon). The sole issue on appeal is whether a provision in a construction contract exempted defendant from liability for acts of wilful and wanton misconduct.

Plaintiffs were the owners and the lessor-occupants of property on which a bakery addition was being erected in 1970 pursuant to a construction contract entered into between the lessors and an architect. They brought this action to recover for damage to the building under construction. Sued were the architect and a number of companies…