Docket No. 107108.
THE STATE OF ILLINOIS
WEATHER-TITE, INC. v. UNIVERSITY OF ST. FRANCIS et
al.–EXCEL ELECTRIC, INC., Appellee, v. UNIVERSITY OF ST.
FRANCIS et al. (University of St. Francis, Appellant).
Opinion filed May 21, 2009.
JUSTICE KILBRIDE delivered the judgment of the court, with
Chief Justice Fitzgerald and Justices Freeman, Thomas, Garman,
Karmeier, and Burke concurred in the judgment and opinion.
In this appeal, we address whether an owner has a duty to retain
funds due a subcontractor as shown on the general contractor’s sworn
statement pursuant to section 5 of the Mechanics Lien Act (770 ILCS
60/1 et seq. (West 2004)). The trial court entered judgment in favor
of the University and against Excel, holding that the University
properly paid the general contractor all funds due subcontractors as
listed on the general contractor’s sworn statement. The appellate court
reversed and remanded for entry of an order granting Excel’s motion
for summary judgment. 383 Ill. App. 3d 304. We allowed the
University’s petition for leave to appeal. 210 Ill. 2d R. 315. We now
affirm the judgment of the appellate court.