Board of Library Trustees of Westmont v. Cinco Construction, Inc.

Plaintiff, Ozinga Bros., Inc. (Ozinga), was a subcontractor engaged by the defendant, Cinco Construction, Inc. (Cinco), in the construction of the Westmont Public Library building. On April 2, 1992, Ozinga filed a two-count complaint in the circuit court of Cook County against Cinco. In its complaint, Ozinga named Cinco as a defendant and the Westmont Public Library Board (the Library Board), 1 the public body which had commissioned the library building, as a "use plaintiff.” In count I, Ozinga alleged that Cinco had failed to pay it $17,546.17 for services rendered on the project. Ozinga…