Legal Question in Construction Law in Illinois

Settlement and Release Document

In the body of the release document, after describing conditions of release, the document contains the phrase ''except as to actions related to the enforcement of this agreement''. What does this statement mean?


Asked on 5/09/07, 1:27 pm

1 Answer from Attorneys
Benjamin Berger Berger-Harrison, A Professional Corporation

Re: Settlement and Release Document

Usually a term like that is used to clarify the fact that even though you've settled a dispute the parties are still required to comply with the terms of the settlement agreement.

If you run me over and I sue you and we settle for $100k, our lawyers will often draw up a settlement agreement that says we release each other from any and all claims. BUT, you would not be released from the obligation to pay the $100k.

It would be absurd to interpret a settlement agreement to mean that the release excused a party from complying with the terms of that same settlement agreement, but i suppose it makes the intent of the parties more certain.

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Answered on 5/09/07, 1:43 pm


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