APPELLATE COURT OF ILLINOIS, SECOND DISTRICT
THE PEOPLE OF THE STATE OF ILLINOIS ex rel. SAMUEL K.
Sons, Inc., Defendant and Third-Party, Plaintiff; J. W. Peters & Sons, Inc., et
al., Third-Party, Defendants-Appellees)
527 N.E.2d 146, 172 Ill. App. 3d 790, 122 Ill. Dec. 774 1988.IL.1183
Appeal from the Circuit Court of De Kalb County; the Hon. Richard D. Larson, Judge, presiding.
JUSTICE UNVERZAGT delivered the opinion of the court. LINDBERG, P.J., and WOODWARD, J., concur.
DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE UNVERZAGT
Plaintiff, the People of the State of Illinois on the relation of Samuel K. Skinner, Chairman of the Capital Development Board, brought an action in the circuit court of De Kalb County against defendants, Caudill Rowlett Scott (Caudill), Fidelity Deposit Company of Maryland (Fidelity) and Sjostrom & Sons, Inc. (Sjostrom), seeking money damages for defects in the design and construction of Kishwaukee College in Malta. Defendants moved for summary judgment claiming that plaintiff's cause of action had not been brought within the time required by the applicable statute of limitations. The trial court granted the motions for summary judgment and dismissed the case.
Subsequent to the hearing on the motions for summary judgment, but prior to the court's ruling on the motions, the parties engaged in settlement negotiations. Plaintiff, believing that a settlement agreement had been entered into, filed a motion to enforce that agreement. A hearing was held on the motion, during which defendants Sjostrom and Fidelity settled with plaintiff and were dismissed as parties. Following the hearing, the trial court denied plaintiff's motion to enforce.
Plaintiff appeals from the trial court's rulings granting defendants' motions for summary judgment and denying plaintiff's motion to enforce the settlement agreement. Having settled with the plaintiff, defendants Sjostrom and Fidelity are not parties to this appeal.
On appeal, plaintiff contends: (1) that the trial court erred in finding that plaintiff's complaint was not filed within a reasonable time after amendment to section 13-214 of the Code of Civil Procedure (Ill. Rev. Stat. 1981, ch. 110, par. 13-214), the applicable statute of limitations, and (2) that the trial court erred in ruling that the parties had not entered into an enforceable settlement agreement.
The Illinois Building Authority , the predecessor of plaintiff Capital Development Board , retained defendant Caudill, as architect, to provide the design and construction of Kishwaukee College. IBA also ...