Denton Enterprises, Inc. v. Illinois State Toll Highway Authority

Mr. PRESIDING JUSTICE GOLDBERG

delivered the opinion of the court:

Denton Enterprises, Inc., and Holloway Construction Company (plaintiffs) filed an action against the Illinois State Toll Highway Authority (Authority) claiming additional contract charges and damages arising out of a construction project on the East-West Tollway. The trial court dismissed counts I through XIII and XV through XXVI on the ground that plaintiffs had waived any claims for damages arising out of the contracts by their acceptance of final payment. Plaintiffs appeal.

A preliminary observation is essential. The defendant…