Stupp Bros. Bridge & Iron Co. v. State

ORDER ON MOTION TO DISMISS

Epstein, J.

This construction contract claim, which seeks recovery of $95,000 withheld by the Department of Transportation (“IDOT”) as liquidated delay damages on a 1989 steel fabrication contract — for an F.A.I. Route 90/94 (Dan Ryan Expressway) reconstruction project — is before the Court on the Respondents motion pursuant to section 2 — 619q of the Code of Civil Procedure (735 ILCS 5/2 — 619) to dismiss on exhaustion grounds. Respondents motion is supported by evidentiary material, primarily correspondence. Claimants opposition is supported by affidavit. We take…