Western Waterproofing Co. v. Springfield Housing Authority

669 F. Supp. 901 (C.D. Ill. 1987)

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Nature of the Case

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Facts

Western (P) was a subcontractor hired by Bildoc under a Springfield Housing Authority (D) waterproofing project. Under Illinois law, D was to require Bildoc to obtain a payment bond. The contract required a performance bond. P finished its work and was never paid by Bildoc. P could not collect on its default judgment against Bildoc. P then sued D as a third-party beneficiary for failing to ensure that Bildoc obtained a payment bond. D claimed that the contract only required a performance bond. P claimed it required both a performance bond and a payment bond. The parties filed motions for summary judgment.