W. E. O'NEIL CONSTRUCTION CO., Claimant, v. STATE OF ILLINOIS. Respondent.
Case summary
Claimant sought extra compensation for construction of the Naval Armory at Chicago, alleging extra expenses due to state delays and rising Lake Michigan water levels. The court denied the claim because the same claim had been previously adjudicated and denied by the court.
Cases cited: W. E. O'Neil Construction Co. vs. State, 6 Ct. Cl. 480
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Headnotes
- RES ADJUDICATA-when plea of will be sustained. This cause having been heard and decided at the January, 1930, term of this Court, it will not again be considered and plea of former adjudication will be sustained and claim dismissed.
Claimant asks an award of $11,364.32 as extra compensation for the construction of the Naval Armory at Chicago. [*155]
It charges that in building the armory it was put to extra expense, not contemplated, due to delays on the part of the State and to rise in the water level of Lake Michigan. To the declaration the State has filed a plea of former adjudication.
The claimant filed a claim in this court, based on the same facts and circumstances as this, to the January term, 1930, and upon a hearing thereof the same was denied at the September term, 1930, and a rehearing denied November 12, 1930. (W. E. O'Neil Construction Co. vs. State, 6 Ct. Cl. 480.) The cause having once been heard and decided by this court will not be considered again.
The claim is denied and the case dismissed.