Dismissal Obtained for Owners and Investors in Power Plant Construction Suit

Jim Sipchen and Kelly Franklin obtained a dismissal of a lawsuit brought in Grundy County, Illinois alleging that the owner and investors in a 30-acre combined-cycle energy generating facility were liable for failure to pay for hundreds of thousands of dollars in transportation costs allegedly incurred in delivery of materials to the site during construction.  Jim and Kelly successfully argued that the facility’s owners and investors were not liable to the transportation vendor under a theory of unjust enrichment as a matter of law.  Specifically, the court agreed with Jim and Kelly’s argument that if the transportation vendor had any remedy, it was not against the owners or investors for unjust enrichment, but rather solely with the party whom it contracted to provide the transport of the materials in question under their contract and/or the Illinois Mechanics Lien Act.