APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, THIRD DIVISION
512 N.E.2d 44, 159 Ill. App. 3d 98, 111 Ill. Dec. 140 1987.IL.1079
Appeal from the Circuit Court of Cook County; the Hon. Albert Green, Judge, presiding.
PRESIDING JUSTICE McNAMARA delivered the opinion of the court. RIZZI and FREEMAN, JJ., concur.
DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE MCNAMARA
Plaintiff Premier Electrical Construction Company appeals from an order dismissing its breach of contract action against defendant city of Chicago for failure to state a cause of action. The underlying contract dispute concerns plaintiff's right as a general contractor to substitute a type of equipment different than the equipment specified in the contract without defendant's approval.
On November 16, 1984, defendant advertised for sealed bids for a construction contract to improve the airfield lighting control tower at O'Hare International Airport. On May 7, 1985, defendant awarded the contract to plaintiff. Defendant directed plaintiff to begin work on June 3, 1985, and to complete the project on December 5, 1985.
On May 22, 1985, defendant asked plaintiff for a list of its material suppliers for approval. On June 12, 1985, plaintiff submitted the list, specifying Texas Instruments as supplier of various lighting equipment, and requesting defendant's approval of the list. On June 19, 1985, defendant sent plaintiff a document acknowledging receipt of the list of suppliers. The document indicates under "Disposition" that defendant "will keep this information on file." Under "Action Required -- Conditions of Approval," the document states that equipment must be in full compliance with the contract plans and specifications, and that the acknowledgement "does not relieve you, as general contractor, from any responsibility for compliance with the terms of this contract."
On July 23, 1985, plaintiff submitted shop drawings and product information to defendant, again listing Texas Instruments as the supplier of certain lighting equipment. On August 14, 1985, defendant wrote to plaintiff, informing it that the Texas Instruments equipment could not be substituted for the Cutler-Hammer, Eaton Corporation lighting equipment required by the contract. An August 15, 1985, mailgram to defendant requested a detailed explanation of its rejection of plaintiff's proposed supplier.
On August 19, 1985, defendant wrote to plaintiff, rejecting Texas Instruments as a supplier on the basis that plaintiff had failed to submit the proper documentation seeking approval 14 days prior to bid opening, as required by section L -- 100.2.8 of the contract, which provides:
"Any exception, change or modification of the requirements of the specifications contained hereinafter will be cause for unequivocal rejection of the manufacturer's offered equipment. However, in order to allow sufficient time for the engineer to evaluate the type and quality of equipment and system competency being offered under this Item by the manufacturers, any manufacturer intending to bid shall submit in writing to the Commissioner of Public Works -- City of Chicago, fourteen (14) days prior to the date set for the opening bids on this project the following descriptive literature and drawings for all equipment being offered under this item:
1. Specifications, literature and drawings showing general dimensions of all equipment offered.
2. Interconnections, and wiring arrangements for such equipment, ...