Board of Education v. Hartford Accident & Indemnity Co.
Illinois Appellate Court
504 N.E.2d 1000 (1987)
Kiendl Construction Company (Kiendl) agreed to build two pool facilities for the Board of Education (the board) (plaintiff). Kiendl, with Hartford Accident & Indemnity Co. (Hartford) (defendant) as surety, issued a performance bond, guaranteeing the complete performance of the construction contract, and a labor-and-material payment bond, guaranteeing Kiendl’s payment of its subcontractors and materialmen. The board sued Hartford, alleging that Kiendl failed to properly construct the pool facilities. The board sought damages under both the performance and the payment bonds. The trial court granted summary judgment on the performance bond claim, because that bond required an action to be brought within two years of the final payment, which the board failed to do. The trial court also dismissed the claim on the payment bond, finding that it was entered into for the benefit of those furnishing materials and labor for the project and not for the board’s benefit. The board appealed.
Rule of Law
Holding and Reasoning (Reinhard, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 176,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.