Nicole Milos secures favorable ruling in the Illinois Appellate Court in a construction case limiting damages pursuant to Kotecki v. Cyclops Welding

Nicole D. Milos

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.