IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPARTMENT, CHANCERY DIVISION MECHANICS LIEN SECTION

Transcription

1 IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPARTMENT, CHANCERY DIVISION MECHANICS LIEN SECTION REYES GROUP, LTD., ) an Illinois Corporation, ) ) Plaintiff, ) ) -vs- ) No.: ) POWERS & SONS CONSTRUCTION ) COMPANY, INC.; THE UNIVERSITY OF ) CHICAGO; NONRECORD CLAIMANTS; and ) UNKNOWN NECESSARY PARTIES, ) ) Defendants. ) REYES GROUP, LTD. S COMPLAINT FOR FORECLOSURE OF MECHANICS LIEN AND OTHER RELIEF NOW COMES the Plaintiff, Reyes Group, Ltd., by and through its attorneys, the Law Offices of Burton A. Brown, and for its Complaint for Foreclosure of Mechanics Lien and Other Relief, states as follows: PARTIES 1. Reyes Group, Ltd., (hereinafter referred to as Reyes Group ), is an Illinois Corporation duly authorized and existing under the laws of the State of Illinois, engaged in the construction industry as a provider of concrete and related work, with its principal place of business located at South Crawford Avenue, in Village of Markham, County of Cook, State of Illinois. 2. Defendant, POWERS & SONS CONSTRUCTION COMPANY, INC. (hereinafter referred to as Powers & Sons or General Contractor ) is an Indiana corporation doing business in Illinois as a general contractor in the construction industry. Powers & Sons is the general contractor of the project at issue. 1

2 3. Defendant THE UNIVERSITY OF CHICAGO (hereinafter referred to as University of Chicago or Owner ) is an Illinois not-for-profit corporation. The University of Chicago is the owner of the project at issue. 4. Defendant Unknown Owners are other persons who are or may be interested in this action and who have or claim to have some right, title, interest, or lien in, to, or on the Subject Property, or some part thereof. The name of each other such person is unknown to Reyes Group and, on diligent inquiry, cannot be ascertained, but all such persons, if any are made defendants to this action. The rights, if any, of all such persons are subject, subordinate, and inferior to Reyes Group s mechanic s lien. 5. Defendant Non-Record Claimants are persons who have or claim to have an interest in or upon the property which is not disclosed of by recorded notice or proceeding which would give constructive notice of such interest(s) to Reyes Group. The name, or names of these other persons are unknown to Reyes Group. The rights, if any, of all such persons are subject, subordinate, and inferior to Reyes Group s mechanic s lien. GENERAL ALLEGATIONS 6. On or about February 20, 2007, Powers & Sons entered into a contract as general contractor with the University of Chicago for the project identified as Complete Renovation of the University of Chicago Bell Building, 6045 South Kenwood, Chicago, Illinois (hereinafter referred to as the Project ). 7. On or about May 15, 2007, Powers & Sons entered into a written subcontract with Reyes Group to furnish and complete concrete work and provide labor and materials for the improvement of the above-described real property. See Subcontract Agreement attached hereto as Exhibit A. 2

3 8. The subject property is located at 6045 South Kenwood, Chicago, Cook County, Illinois with permanent index numbers , , and The subject property is identified by the following legal descriptions: PARCEL 1: LOT A (EXCEPT THE NORTH FEET THEREOF) IN THE CONSOLIDATION OF LOTS 2 AND 3 IN BENNETT AND ROOT S SUBDIVISION OF LOT 3 (EXCEPT THE NORTH 150 FEET THEREOF) IN BLOCK 3 OF THE COMMISSIONER S PARTITION, BEING A SUBDIVISION OF THAT PART OF THE NORTHWEST 1/4 OF THE SOUTH EAST 1/4 OF SECTION 14, TOWNSHIP 38 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING SOUTH OF THE NORTH 627 FEET THEREOF (EXCEPT THE EAST 203 FEET OF THE NORTH 236 FEET), IN COOK COUNTY, ILLINOIS PARCEL 2: LOTS 4, 5, 6, AND 7 IN BENNETT AND ROOT S SUBDIVISION OF LOT 3 (EXCEPT THE NORTH 150 FEET THEREOF) IN BLOCK 3 OF THE COMMISSIONER S PARTITION, BEING A SUBDIVISION OF THAT PART OF THE NORTHWEST 1/4 OF THE SOUTH EAST 1/4 OF SECTION 14, TOWNSHIP 38 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING SOUTH OF THE NORTH 627 FEET THEREOF, (EXCEPT THE EAST 203 FEET OF THE NORTH 236 FEET) (AND ALSO EXCEPT THE WEST ONE FOOT OF LOT 6 AND THE WEST ONE FOOT OF LOT 7 AFORESAID AND ALSO EXCEPT THE EAST ONE FOOT OF LOT 6 AND THE EAST ONE FOOT OF LOT 7 AFORESAID), IN COOK COUNTY, ILLINOIS =LOTS 6 & =LOTS 4 & 5 9. The parties agreed that Reyes Group was to furnish and complete the concrete work for the Project and all labor and materials for the same, and the work was ordered to begin after the subcontract was executed. 10. The contract price for work to be performed in the original contract was in the amount of Three Hundred Forty Thousand Six Hundred Fifteen Dollars and Zero Cents ($340,615.00). 11. On or about March 4, 2008, Reyes Group completed extras in the amount of $6, See Change Order attached hereto as Exhibit B. 3

4 12. On or about May 5, 2008, Reyes Group completed extras in the amount of $5, which were approved and a change order was issued for the same. See Change Order attached hereto as Exhibit C. 13. On or about November 18, 2008, Reyes Group completed extras in the amount of $29, which were approved and a change order was issued for the same. See Change Order attached hereto as Exhibit D. 14. On or about August 25, 2008, Reyes Group completed extras in the amount of $1, which were approved and a change order was issued for the same. See Change Order attached hereto as Exhibit E. 15. On November 19, 2008, Reyes Group substantially completed all work required of it under the subcontract, and invoiced Powers & Sons Three Hundred Eighty-Three Thousand Three Hundred Seventy-Eight Dollars and Zero Cents ($383,378.00) for the completed work, including change orders and extras. See Unpaid Invoices, attached hereto as Exhibit F. 16. Despite repeated demands from Reyes Group, Powers & Sons has refused to pay Reyes Group for the work performed and has knowingly withheld the agreed upon payments. 17. Reyes Group has never received final payment for labor and materials it supplied for the Project. After allowing all credits, the sum of Eighty-Five Thousand Three Hundred Ninety-Four Dollars and Zero Cents ($85,394.00) remains due and owing to Reyes Group from Powers & Sons. Powers & Sons wrongly and in bad faith refuses to pay the balance due to Reyes Group. COUNT I (Foreclosure of Lien) 18. Reyes Group hereby alleges and incorporates by reference paragraphs 1-17 of the General Allegations of the Complaint as paragraph 18 of Count I of this Complaint. 4

5 19. On February 18, 2009, Reyes Group caused to be recorded in the Cook County Recorder of Deeds Office its Mechanics Lien Claim, document # See Mechanics Lien Claim and returned certified mail cards attached hereto as Exhibit G. 20. Pursuant to Reyes Group s notice and recorded lien claim, it is entitled, in accordance with Illinois Mechanics Lien Act, 770 ILCS 60/1 et seq., to a mechanics lien on the Property for the amount of $85, Further, pursuant to the Illinois Mechanics Lien Act, 770 ILCS 60/1 et seq., Reyes Group is entitled to 10% per annum interest on the balance owed by the General Contractor to the date of final judgment, together with Reyes Group s reasonable attorneys fees and costs. 770 ILCS 60/ The value of the unpaid labor and materials supplied by Reyes Group, at a minimum, is $85, which includes the original contract work plus any and all extras, change orders and additions to the contract. That after allowing all credits, the sum of $85, remains unpaid and owing. 22. Defendant Powers & Sons has failed to pay Reyes Group without just cause or right and with vexatious delay, and Reyes Group must be awarded its reasonable attorneys fees. WHEREFORE, the Plaintiff, REYES GROUP, LTD., prays for the following relief: A) That Reyes Group be found to have a valid Mechanics Lien on the Property in the amount of at least $85,394.00, or such other true value as is determined by this Court, plus all accrued statutory interest from the date said amount was due until paid, and all costs incurred by Reyes Group in connection with this proceeding; B) That Reyes Group be declared entitled to a lien and judgment for its reasonable attorneys fees for the failure of the Defendant Powers & Sons to pay Reyes Group its claim without just cause or right; 5

6 C) That judgment be entered in the amount of $85,394.00, or such other true value as is determined by the Court, jointly and severally against the Defendants Powers & Sons and The University of Chicago, plus all accrued statutory interest from the date said amount was due until paid, and all costs incurred by Reyes Group in connection with this proceeding, including its reasonable attorneys fees; D) That a receiver be appointed for the Property with all the powers of a receiver in Chancery to take possession of the Property and to collect the rents, issues and profits therefrom during the pendency of this suit or until any period of redemption shall expire, and to hold the Property subject to further order of this Court. E) That in the event the amount decreed due in said judgment, interest and costs is not paid immediately upon its entry, or a date certain set by this Court, the priority of Reyes Group s Mechanics Lien be determined with respect to all parties that claim an interest in the Property and that the Property and all improvements thereon be sold to the highest bidder as in mortgage foreclosure proceedings, with the proceeds of sale used to satisfy the amount due Reyes Group including all costs of said sale; F) That in the event of sale of Property and a failure to redeem there from within the time allowed by law, all parties to this action and all persons claiming by, through, or under them be forever barred and foreclosed from all rights and interests in and to said Property and all improvements thereon; G) That in the event of sale of Property and a failure to redeem there from within the time allowed by law, a deed be issued to the purchaser and the purchaser be let into possession of the Property; H) That in the event the proceeds of such sale be insufficient to pay in full the amount due Reyes Group, including interest and costs, a deficiency judgment be entered 6

7 personally against such Defendants as are found personally liable to pay the same and that execution issue thereon; appropriate. I) For any relief, whether in law or in equity, that this Court deems just and COUNT II (Breach of Contract) 23. Reyes Group hereby alleges and incorporates by reference paragraphs 1-22 of the General Allegations of the Complaint as paragraph 23 of Count II of this Complaint. 24. The Defendant Powers & Sons breached its contract with Reyes Group by refusing to pay the amount due, despite the fact that, prior to the Defendant s breach, Reyes Group fully performed all possible work under its obligations. 25. That the value of labor and materials supplied by Reyes Group and not fully paid by the Defendants is, at minimum $85, That despite repeated demands for payment, Powers & Sons has refused to pay the amount due and owing Reyes Group under the terms of the agreement. WHEREFORE, the Plaintiff, REYES GROUP, LTD., prays that this Honorable Court enter a judgment in its favor in the amount of $85,394.00, plus interest and costs, against the Defendant POWERS & SONS CONSTRUCTION COMPANY, INC. Respectfully Submitted, Law Offices of Burton A. Brown Law Offices of Burton A. Brown Burton A. Brown Babak Bakhtiari 205 West Wacker Drive, Suite 922 Chicago, Illinois (312) Atty. No Attorneys for the Plaintiff 7

8 VERIFICATION Under penalties as provided by law pursuant to Section of the Code of Civil Procedure, the undersigned certifies that the statements set forth in this instrument are true and correct, except as to matters therein stated to be on information and belief and as to such matters the undersigned certifies as aforesaid that he verily believes the same to be true. Reyes Group, Ltd. By: Its: Marcos G. Reyes President Law Offices Of Burton A. Brown 205 West Wacker Drive, Suite 922 Chicago, Illinois (312) Atty. No