Business Interiors Floor Covering Business Trust v. Graycor Construction Company Inc.

Summary

The court held that the prompt pay act broadly covers the subcontract and that applications for payment not timely approved or rejected were deemed approved. Although the act does not eliminate common-law defenses, a contractor must pay the invoices before or contemporaneously with asserting those defenses; Graycor did not do so, so summary judgment on the breach claim was proper. The court nevertheless vacated the separate-and-final judgment certification because the lower court did not apply the traditional rule 54 (b) analysis to all claims and cross claims.