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Cityline Construction Fire & Water Restoration, Inc. v. Roberts

Court of Appeals of Illinois, First District, Fifth Division

March 7, 2014

CITYLINE CONSTRUCTION FIRE AND WATER RESTORATION, INC., a Pennsylvania Corporation, Plaintiff-Appellant,
v.
ANDREW C. ROBERTS, VALERIE GHEROLD, MORTGAGE ELECTRIC REGISTRATION SYSTEMS, PERL MORTGAGE, INC. and ERIE INSURANCE COMPANY, Defendants-Appellees, Andew C. Roberts and Valerie Gherold, Counterplaintiffs and Third-Party Plaintiffs,
v.
Cityline Construction Fire And Water Restoration Inc., Cityline-Hamilton Buildings, LLC, Kirk Leister and Thomas P. Williams, Counterdefendants and Third-Party Defendants.

Appeal from the Circuit Court of Cook County. No. 11 CH 22152. Honorable Lisa R. Curcio, Judge Presiding.

Affirmed.

SYLLABUS

In an action to foreclose a mechanic's lien, the trial court properly entered summary judgment for defendant owners on the foreclosure count and for defendant owners on the count of their counterclaim seeking a declaration that the lien was void and unenforceable, since plaintiff failed to strictly comply with defendants' request pursuant to section 5 of the Mechanics Lien Act for a sworn contractor's statement containing the names of all parties furnishing materials or labor and the amounts due or to become due.

For Cityline Construction Fire And Water Restoration Inc, APPELLANT: Dean Gournis, Kaplan Papadakis & Gournis, P.C.

For Andrew C. Roberts and Valerie Gherold, APPELLEES: James P. Zeigler, Stone Pogrund & Korey, LLC.

JUSTICE PALMER delivered the judgment of the court, with opinion. Justices McBride and Taylor concurred in the judgment and opinion.

OPINION

PALMER, JUSTICE

[¶1] Plaintiff, Cityline Construction Fire and Water Restoration, Inc. (Cityline), appeals from an order of the circuit court of Cook County granting summary judgment in favor of defendants, Andrew C. Roberts and Valerie Gherold (Owners), on count I of Cityline's complaint against the Owners and count II of the Owners' counterclaim against Cityline. Count I of Cityline's complaint sought to foreclose a mechanic's lien against the Owners and count II of the Owners' counterclaim sought a declaration that the lien was void and unenforceable. For the reasons that follow, we affirm.

[¶2] The following facts are undisputed. On or about April 9, 2009, Cityline and the

Page 236

Owners made an oral agreement pursuant to which Cityline was to provide restoration and reconstruction services to the Owners' residence after it was damaged by a fire. By December 15, 2001, Cityline completed all labor and services pursuant to the agreement with the Owners.

[¶3] Cityline recorded its mechanic's lien notice and claim for lien on February 24, 2011, in which it averred that: (a) it entered into a valid contract with the Owners; (b) Cityline performed all of the required work on the residence; and (c) there was due and owing to Cityline the sum of $397,302 plus interest. The lien named the Owners, Perl Mortgage, Mortgage Electronic Registration Systems, Inc. and unknown heirs, unknown owners and nonrecord claimants potentially having an interest in the residence. On June 21, 2011, Cityline filed a lawsuit against these parties. Count I of the complaint sought to foreclose Cityline's mechanic's lien, count II asserted a claim for breach of contract, count III alleged a quantum meruit recovery solely against the Owners and count IV asserted a complaint for interpleader against the Owners' insurance company, Erie Insurance. In response, the Owners filed an answer and affirmative defenses as well as a counterclaim against Cityline. As noted above, only count I of Cityline's complaint and count II of the Owners' counterclaim are at issue in this appeal.

[¶4] During discovery, Cityline filed a response to the Owners' request to admit facts in which it admitted that, " after the job was well under way," the Owners had requested a contractor's sworn statement from Cityline " listing the parties furnishing labor, services, material, fixtures, apparatus for machinery, forms or form work and the amounts due or to become due to each of them engaged by Cityline to perform the restoration and reconstruction." Cityline also admitted that it never provided " a contractors sworn statement listing the subcontractors ...


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