Weather-Tite, Inc. v. University of St. Francis

Chief Justice Fitzgerald and Justices Freeman, Thomas, Garman, Karmeier, and Burke concurred in the judgment and opinion.

OPINION

In this appeal, we address whether an owner has a duty to retain funds due a subcontractor as shown on the general contractor’s sworn statement pursuant to section 5 of the Mechanics Lien Act (770 ILCS 60/1 et seq. (West 2004)). The trial court entered judgment in favor of the University and against Excel, holding that the University properly paid the general contractor all funds due subcontractors as listed on the general contractor’s sworn statement. The appellate…