Ardon Electric Co. v. Winterset Construction Inc.

The plaintiffs, Ardon Electric Company, Inc., Airy’s, Inc., Carroll Seating Company, J&R Number One in Asphalt Company, Inc., and Knippel Iron, Inc. (collectively plaintiffs), appeal the trial court’s February 23, 2003, order dismissing their third-party-beneficiary claims directed against the defendant Village of Merrionette Park (Village) as time-barred under section 2 of the Public Construction Bond Act (Bond Act) (30 ILCS 550/2 (West 1998)). Specifically, the plaintiffs argue the claims were based on a breach of contract and the Bond Act’s statute of limitations does not apply. We agree…