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Dismissal Of Contribution Claim Against Momkus McCluskey, LLC Architect Client Affirmed On Appeal

The Illinois Appellate Court (First District) recently affirmed the trial courts ruling dismissing Osman Construction Companys counterclaim for contribution against Momkus McCluskey, LLC client, Casco Design Corporation. In a published opinion issued on August 24, 2004, Justice Robert Cahill held that the contribution statute of limitation preempts other statutes of limitation, including the statute of limitation relating to counterclaims. Since Osmans counterclaim was an action for contribution, the court held, the two-year contribution statute of limitation contained in Section 13-204 of the Illinois Code of Civil Procedure applies. The court rejected Osmans argument that Section 13-207 of the Code, which relates to counterclaims, is an exception to the statute of limitations contained in Section 13-204. The three-member panel of the Appellate Court that decided the case was divided in its opinion. Justice Anne Burke concurred with Justice Cahills ruling, while Justice Margaret McBride dissented

Given the potential size of the claim involved ($4.65 million), and given the wide-ranging effect of the courts ruling, the decision is a significant one. In fact, the editors of the Chicago Daily Law Bulletin also felt that the case was significant, publishing a story about the decision on the front page of the August 24, 2004 Chicago Daily Law Bulletin.