Western Waterproofing Co., Inc. v. Springfield Housing Authority
United States District Court for the Central District of Illinois
669 F.Supp. 901 (1987)
Western Waterproofing Co., Inc. (Western) and Mid-Continental Restoration Company, Inc. (Mid-Continental) (plaintiffs) were subcontractors on a construction project for the Springfield Housing Authority (SHA) (defendant). Pursuant to plaintiffs’ contract with the project’s general contractor, Bildoc, Inc., plaintiffs were to be paid 63 days after completion of the project. After plaintiffs performed in full and the project was completed, SHA paid Bildoc but Bildoc did not pay Western or Mid-Continental. Western and Mid-Continental were eventually awarded default judgments against Bildoc, but they were not able to collect. Pursuant to a section entitled “Performance and Payment Bond” within the general contract between Bildoc and SHA, Bildoc was to furnish a performance bond to SHA. Apart from the title of the provision, there was no specific reference to a payment bond. Based on that provision, plaintiffs sued SHA on the grounds that they were third-party beneficiaries of the general contract. SHA and plaintiffs each filed motions for summary judgment.
Rule of Law
Holding and Reasoning (Mills, 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 154,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 13,500 briefs, keyed to 184 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.