DuPage County Law Firm Announces Recent Appellate Decision

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DuPage County law firm Momkus McCluskey, LLC Announces Recent Appellate Decision Obtained by Commercial Litigation Attorney Lauryn Parks.

DuPage Commercial Litigation Lawyer Lauryn Parks

DuPage Commercial Litigation Lawyer Lauryn Parks

“Ms. Parks not only did an excellent job advocating for her client, but she helped to expand the doctrine of unjust enrichment in Illinois,” says Momkus McCluskey Partner James F. McCluskey.

DuPage County law firm Momkus McCluskey, LLC is pleased to announce a recent Appellate decision obtained by commercial litigation attorney Lauryn Parks regarding the case C. Szabo Contracting, Inc. v. Lorig Construction Company, 2014 IL App (2d) 131328. The Illinois Second District Appellate Court affirmed the trial court’s judgment in the amount of $215,400 in favor of the sub-subcontractor and against the general contractor under a theory of equitable relief. The trial court entered its judgment in favor of the sub-subcontractor following a two-day bench trial, and the matter was successfully briefed and argued on appeal by Momkus McCluskey, LLC Associate Attorney, Lauryn Parks.

The lawsuit arose from work that the sub-subcontractor performed on a multi-million dollar contract for the Illinois State Toll Highway Authority. After the sub-subcontractor completed its work on the project, the general contractor failed to pay either the subcontractor or sub-subcontractor for this work.

After the sub-subcontractor failed to file a timely mechanic’s lien, it retained Momkus McCluskey, LLC to pursue payment from the general contractor under an equitable theory of unjust enrichment. After the trial court entered judgment in the sub-subcontractor’s favor for the full amount sought, the general contractor appealed the ruling to the Second District Appellate Court. After entertaining oral argument on the matter, the Second District affirmed the trial court’s ruling in an opinion that substantially expanded the doctrine of unjust enrichment. The court held that the general contractor’s retention of the benefit of the sub-subcontractor’s work, without paying anyone for it, constituted unjust enrichment, and that the sub-subcontractor should be fully compensated for its work.

This decision provides an important new avenue of relief to subcontractors and sub-subcontractors who have failed to file timely mechanic’s liens. The decision is also helpful to anyone who has not received payment for work or services but who does not have a contract with the third-party who withheld the money.

Lauryn Parks is an Associate Attorney with Momkus McCluskey, LLC, concentrating in commercial business litigation, employment law and business disputes, including declaratory judgments, contract disputes, construction and real estate litigation, and matters involving various injunctive and equitable remedies. Ms. Parks is licensed to practice before state and federal courts in Illinois.

“Ms. Parks not only did an excellent job advocating for her client, but she helped to expand the doctrine of unjust enrichment in Illinois,” says Momkus McCluskey Partner James F. McCluskey.

The experienced DuPage commercial business litigation lawyers at Momkus McCluskey, LLC are committed to promoting and protecting their clients’ best interests. The firm has a long-standing history of handling a broad range of legal matters and is anchored by attorneys with both practical business experience and trial experience. Momkus McCluskey, LLC is dedicated to its responsiveness, preparedness, high ethical standards and zealous representation of its clients. For more information or to schedule an initial consultation, visit http://www.momlaw.com or call 630-434-0400.

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Lauryn Parks, Associate
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