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Anekom, Inc. v. Estate of Demith

Court of Appeals of Illinois, Third District

March 28, 2018

ANEKOM, INC., an Illinois corporation, Plaintiff,
v.
ESTATE OF RICHARD A. DEMITH, Maywood-Proviso State Bank, as Trustee Under Trust Agreement dated 3/14/73 and known as Trust No. 3155, JOETTE LaVALLEY, Individually, and as Independent Executor of the Estate of Richard A. Demith, E TRINITY CONSTRUCTION, LLC, and CARPENTRY BY CONNOR CONSTRUCTION, INC., Defendants. CARPENTRY BY CONNOR CONSTRUCTION, INC., and E TRINITY CONSTRUCTION, LLC, Defendants and Counterplaintiffs-Appellees,
v.
ESTATE OF RICHARD A. DEMITH, JOETTE LaVALLEY, as Independent Executor of the Estate of Richard A. Demith, Defendants and Counterdefendants-Appellants.

          Appeal from the Circuit Court of the 12th Judicial Circuit, Will County, Illinois. Circuit No. 14-L-279 Honorable John C. Anderson, Judge, Presiding.

          SCHMIDT JUSTICE delivered the judgment of the court, with opinion. Justices McDade and Wright concurred in the judgment and opinion.

          OPINION

          SCHMIDT JUSTICE

         ¶ 1 The Estate of Richard A. Demith (Estate) appeals the trial court's orders granting summary judgment to Carpentry by Connor Construction, Inc. (Connor), and E Trinity Construction, LLC (E Trinity), on their respective complaints to foreclose their mechanic's liens. We affirm.

         ¶ 2 FACTS

         ¶ 3 I. The Parties

         ¶ 4 Anekom is a general contractor. Connor and E Trinity are subcontractors. The Estate is the owner of the subject property located in Mokena, Illinois. Joette LaValley is the independent executor of the Estate. Connor and E Trinity contracted with Anekom to complete work on the Estate's property. Anekom is not a party to this appeal.

         ¶ 5 II. The Original Contract and the Parties' Performance

         ¶ 6 On May 11, 2013, Anekom entered into a contract with LaValley, in her capacity as independent executor of the Estate, to demolish the Estate's fire-damaged structure and construct a new house in its place. Pursuant to the contract, Anekom agreed to complete the work within 180 days according to the plans and specifications provided by the Estate in exchange for payment of $414, 000.

         ¶ 7 On May 16, 2013, Anekom subcontracted with E Trinity to install footings, basement floor base, and a garage floor. E Trinity completed its work under the subcontract on September 12, 2013.

         ¶ 8 On September 21, 2013, Anekom subcontracted with Connor for carpentry work. Connor completed its work under the subcontract on October 21, 2013.

         ¶ 9 On October 28, 2013, the Estate terminated the contract with Anekom after it determined the construction of the new house was not on schedule to be completed within the contractual 180-day term.

         ¶ 10 On April 29, 2014, the Estate entered into a contract with a second general contractor, Peak Construction and Remodeling, Inc. (Peak). The contract provided that "Peak Construction & Remodeling will be taking over and completing the LaValley residence" for a total cost of $280, 633.

         ¶ 11 III. Claims for Mechanic's Liens

         ¶ 12 On November 22, 2013, Connor filed a notice and claim for mechanic's lien against Anekom and LaValley, in her capacity as independent executor of the Estate, in the amount of $63, 500. On November 27, 2013, E Trinity filed a notice and claim for mechanic's lien against the Estate and Anekom in the amount of $38, 070. On January 14, 2014, Anekom filed an original contractor's claim for lien against ...


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