Fruin-Colnon Contracting Co. v. State

This cause of action arises out of two contracts between claimant, Fruin-Colnon Contracting Company, a Corporation, and respondent, State of Illinois, by and through its Department of Public Works and Buildings, providing for the construction of a storm sewer system and a pumping station within St. Clair County, Illinois. Both contracts provided that “time is of the essence of this contract. ’'

Both contracts provided in part as follows:

“When a delay occurs due to unforeseen causes beyond the control and without the fault or negligence of the contractor, including, but not restricted to acts…