The Illinois Appellate Court, First District affirmed rulings Ms. Milos obtained through motion practice in favor of a subcontractor seeking to avail itself to the protection afforded by Kotecki v. Cyclops Welding. The plaintiff was injured while working for a subcontractor, third party defendant. The plaintiff filed suit against the general contractor who, in turn, filed a third party action against the subcontractor, employer. The work was performed pursuant to a contract. Mr. Milos argued that Estate of Willis v. Kiferbaum Constr. Corp., 357 Ill. App. 3d 1002 (1st Dist. 2005) decision was controlling. Analogous to Kiferbaum, there was a lack of explicit waiver language in the subcontract between the general contractor and the subcontractor; therefore, there was no Kotecki waiver. The appellate court agreed and affirmed the rulings entered by the trial court. The subcontractor’s liability without Kotecki protection would have exceeded $1 million.