C. Szabo Contracting, Inc. v. Lorig Construction Company

Illinois Tollway Authority hired Defendant construction company as general contractor on I-355 project. Subcontractor, which was hired by subcontractor, sued general contractor after pipe-jacking work was complete and no payment was received. After bench trial, court properly entered judgment for subcontractor which had done pipe-jacking work. General contractor would have been unjustly enriched if permitted to retain benefit that it specifically requested at agreed price. Contract between two subcontractors is not a barrier to recovery from general contractor on quasi-contract theory, and general rule that a party must exhaust its legal remedies before pursing equitable remedy is inapplicable.(SCHOSTOK and HUDSON, concurring.)