CCI Flooring v. Madison Evans et. al

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

CCI FLOORING, INC., and Illinois corporation, ) )

Plaintiff, ) v. )

MADISON EVANS JV, LLC, an Illinois limited ) liability company, NAVY PIER, INC., an Illinois ) not-for-profit corporation; METROPOLITAN PIER) & EXPOSITION AUTHORITY, a municipal ) corporation; FIFTH THIRD BANK, a foreign ) financial institution; and UNKNOWN OWNERS ) AND NON-RECORD CLAIMANTS, )

Defendants. )

Case No:

CCI FLOORING, INC.'S VERIFIED COMPLAINT TO FORECLOSE ON MECHANICS LIEN AND FOR OTHER RELIEF

NOW COMES the Plaintiff, CCI FLOORING, INC., an Illinois corporation, by and

through its attorneys, Chitkowski Law Offices, and for its Verified Complaint to Foreclose on

Mechanics Lien and for Other Relief against the Defendants, MADISON EVANS JV LLC, an

Illinois limited liability company; NAVY PIER, INC, an Illinois not-for-profit corporation;

METROPOLITAN PIER AND EXPOSITION AUTHORITY, an Illinois m!Jfip':c~~rp'f!tio .. ~~ FIFTH THIRD BANK, a fore1gn financial mstitutwn; and UNKNOWN O .. RB;'ANll:l'JON~

== J ;~~: :. ::: .~:< . .J j - ;

"MADISON EVANS") is an Illinois limited liability company, engaged in the construction

industry as a general contractor with its principal place of business located at 15657 S. 701h

Court, in the Village of Orland Park, County of Cook, State of Illinois.

3. Defendant, NAVY PIER, INC. (hereinafter referred to as "NAVY PIER"), is an

Illinois not-for-profit corporation and is the Tenant pursuant to a certain Lease, recorded with the

Cook County Recorder of Deeds on May 26,2011, as Document No. 1114610030.

4. Defendant, METROPOLITAN PIER AND EXPOSITION AUTHORITY

(hereinafter referred to as "MPEA"), is a municipal corporation and possesses an ownership

interest in the real property commonly known as Navy Pier/Gateway Park, 600 East Grand

A venue, in the City of Chicago, County of Cook, State of Illinois (hereinafter referred to as the

"Property"), having P.I.N.'s 17-10-214-002; 17-10-215-057; 17-10-215-059; 17-10-217-002-

8001; and 17-10-217-002-8002, and l.egally described as set forth on the attached Exhibit A. See

Legal Description, marked as Exhibit A, attached hereto and made a part hereof.

5. Defendant, FIFTH THIRD BANK (hereinafter referred to as "FIFTH THIRD"), is

a foreign financial institution with its principle place of business at 38 Fountain Square Plaza, in

the City of Cincinnati, State of Ohio and has an interest in the Property.

6. On information and belief, on or about September 12, 2013, NAVY PIER entered

into a contract with MADISON EVANS whereby MADISON EVANS agreed to serve as the

contractor for the construction and improvements being performed on the Property (hereinafter

referred to as the "Project").

7. On or about December 10, 2013, MADISON EVANS entered into a subcontract

with CCI FLOORING (hereinafter referred to as the "Subcontract") whereby CCI FLOORING

agreed to furnish labor and materials for polished concrete flooring for the Project. See

Subcontract, marked as Exhibit B, attached hereto and made a part hereof.

8. In consideration of the labor and materials CCI FLOORING furnished at the

Property under the Subcontract, MADISON EVANS agreed to and was obligated to compensate

CCI FLOORING the sum of Eighty-Eight Thousand Eight Hundred Thirty-Eight Dollars and

001100 ($88,838.00). See Exhibit B.

9. At the special instance and request of MADISON EVANS, and on information

and belief, with the knowledge and consent of NAVY PIER and/or MPEA, CCI FLOORING

furnished extra and additional labor and materials for the Project at a cost and value of Sixty-

Seven Thousand Four Hundred Ninety-Two Eleven Dollars and 78/100 ($67,492.78). See

Subcontract Agreement Change Orders, marked as Exhibit C, attached hereto and made a part

hereof.

10. On November 28, 2014, CCI FLOORING completed all work required to be

performed under the Subcontract, including all extra and additional work, at the Property.

11. After crediting MADISON EVANS for payments made and allowances given, the

sum of One Hundred Fifty Thousand Six Hundred Sixty Dollars and 78/100 ($150,660.78)

remains due and owing to CCI FLOORING under the terms of the Subcontract for labor and

materials furnished at the Property, including all extra and additional work.

12. CCI FLOORING duly complied with Section 60/24 of the Illinois Mechanics

Lien Act by serving the then known owners of record for the Property, Defendants, MADISON

EVANS, NAVY PIER, MPEA and FIFTH THIRD, with its Mechanics Lien Notice via certified

mail return receipt requested on December 23, 2014, within ninety (90) days of CCI

FLOORING'S last day of work on the Property. See Mechanics Lien Notice and Certified Mail

Receipts, marked as Exhibit D, attached hereto and made a part hereof.

13. CCI FLOORING duly complied with Section 60/7 ofthe Illinois Mechanics Lien

Act by recording its Mechanics Lien Claim in the Office of the Cook County Recorder of Deeds

as Document Number 1501647101 on January 16, 2015, within four months of CCI

FLOORING'S last day of work on the Property. See Mechanics Lien Claim, marked as Exhibit E

attached hereto and made a part hereof.

14. CCI FLOORING is entitled to and does claim a Mechanics Lien upon the

Property for the aforesaid balance plus interest pursuant to statute from the date the balance

became due pursuant to Sections 60/1 and 60/7 of the Illinois Mechanics Lien Act by reason of

the failure of said sum to be satisfied to date.

15. In addition to the persons designated by name herein, there are other persons who

are or may be interested in this action and who have or claim some right, title, lien or interest in,

to or upon the Property herein above described, or some parts thereof, or any unknown or

unidentified present holder's of title or the notes secured by the mortgages, tenants, or other

parties in possession, other persons having or claiming mechanic's liens which are not of record,

any unknown or unidentified title holder, their successors, assigns, spouses, and others, the

names of which persons are unknown to CCI FLOORING and cannot be ascertained by diligent

inquiry, and all such persons are therefore made party defendants to this action by the name and

description "UNKNOWN OWNERS and NON-RECORD CLAIMANTS."

16. Defendants, MADISON EVANS, NAVY PIER, MPEA, and FIFTH THIRD have

or claim to have, some interest in the Property, as a mortgagor, encumbrancer, purchaser, or

otherwise, the nature of which may be unknown to CCI FLOORING, such interest, if any there

be, are subject, subordinate, and inferior to the rights of CCI FLOORING.

17. Despite serving MADISON EVANS, NAVY PIER, MPEA and FIFTH THIRD

with its Mechanics Lien Notice, the Defendants have failed to pay CCI FLOORING the full

amount due and owing.

18. Defendants' failure to pay CCI FLOORING is without just cause or right.

WHEREFORE the Plaintiff, CCI FLOORING, INC., respectfully prays that this

Honorable Court enter an order for the following relief:

a. That the Court determine that CCI FLOORING is entitled to and has a valid

Mechanics Lien claim on and against the following real property for the following

amount: Navy Pier/Gateway Park, 600 East Grand Avenue, in Chicago, Illinois,

P.I.N.'s 17-10-214-002; 17-10-215-057; 17-10-215-059; 17-10-217-002-8001;

and 17-10-217-002-8002, in the amount of One Hundred Fifty Thousand Six

Hundred Sixty Dollars and 781100 ($150,660. 78), plus interest pursuant to statute

in such case made and provided, and plus costs;

b. That an accounting be taken in this behalf under the direction of the Court;

c. That the Defendants, or some of them, be ordered to pay CCI FLOORING

whatever sums shall be found due it on taking of account, together with interest

and costs;

d. That a receiver be appointed to collect the rents, issues and profits of the Property;

e. That in default of payment, the Property and all improvements thereon be sold, as

the Court may direct, to satisfy the amount due CCI FLOORING;

f. In case of a sale and failure to redeem from the sale, Defendants, and all persons

claiming by, through or under them may be forever barred and foreclosed from all

rights or equity of redemption;

g. That, in case the proceeds of such sale be insufficient to pay the full amount due

CCI FLOORING including interest and costs, a deficiency decree may be entered

against such of the Defendants as may be found personally liable to pay the same

and that execution may issue thereon;

h. In the alternative, that this Court enter judgment in favor of CCI FLOORING, and

against all or such of the Defendants, as may be found to be liable, in the amount

of One Hundred Fifty Thousand Six Hundred Sixty Dollars and 781100

($150,660.78), plus interest pursuant to statute together with all costs incurred by

CCI FLOORING in bringing this proceeding;

1. That this Court tax all named Defendants and all other owners and tenants an

amount sufficient to reimburse CCI FLOORING for its reasonable attorneys' fees

and costs for Defendants' and any and all other owner's and tenant's failure to

pay the amount due and owing to CCI FLOORING without just cause or right;

and

J. For such other relief that this Honorable Court deems just and equitable.

COUNT II SECTION 28 CLAIM

NOW COMES the Plaintiff, CCI FLOORING, INC., by and through its attorneys,

Chitkowski Law Offices, and for its Verified Claim under Section 28 of the Illinois Mechanics

Lien Act against the Defendants, MADISON EVANS JV LLC, METROPOLITAN PIER AND

EXPOSITION AUTHORITY, and NAVY PIER, INC., and in support thereof states and alleges

as follows:

1-18. CCI FLOORING repeats and realleges its allegations contained in paragraphs one

(1) through eighteen (18) of Count I as and for its allegations contained in paragraphs one (1)

through eighteen (18) of Count II.

19. At all relevant times, there existed a statute in Illinois which states in pertinent

part, as follows:

"if any money due to the ... subcontractor be not paid within 10 days after his notice is served as provided ... , ... he may sue the owner and contractor jointly for the amount due in the Circuit Court, and a personal judgment may be rendered therein, as in other cases." See 770 ILCS 60/28.

20. CCI FLOORING has made repeated demands for payment in the amount of One

Hundred Fifty Thousand Six Hundred Sixty Dollars and 78/100 ($150,660. 78), plus interest from

MADISON EVANS, MPEA and NAVY PIER, to no avail.

21. The failure of MADISON EVANS, MPEA and NAVY PIER to submit payment

to CCI FLOORING renders them subject to joint liability pursuant to Section 28 of the Illinois

Mechanics Lien Act.


Honorable Court enter judgment in its favor and against the Defendants, MADISON EVANS JV

LLC, METROPOLITAN PIER AND EXPOSITION AUTHORITY, and NAVY PIER, INC., in

the amount of One Hundred Fifty Thousand Six Hundred Sixty Dollars and 78/100

($150,660.78), plus interest, costs and attorneys' fees incurred in pursuing this action, and for

any further relief that this Honorable Court deems just and equitable.

COUNT III BREACH OF CONTRACT

NOW COMES the Plaintiff, CCI FLOORING, INC., by and through its attorneys,

Chitkowski Law Offices, and for its claim for Breach of Contract against the Defendant,

MADISON EVANS JV LLC, and in support thereof states and alleges as follows:

1-11. CCI FLOORING repeats and realleges its allegations contained in paragraphs one

( 1) through eleven ( 11) of Count I as and for its allegations contained in paragraphs one ( 1)

through eleven ( 11) of Count III.

12. CCI FLOORING has made repeated demands for payment of all outstanding

sums to no avail.

13. Despite the demands made by CCI FLOORING, MADISON EVANS has refused

and continues to refuse to tender full payment to CCI FLOORING to date.

14. The failure of MADISON EVANS to tender full payment to CCI FLOORING

constitutes a breach of contract.

15. MADISON EVANS' failure to tender payment to CCI FLOORING for the labor

and materials for polished concrete flooring work it contracted for and which were fully

performed and furnished by CCI FLOORING constitutes an unreasonable delay of payment as

set forth in Section 205/2 of Chapter 815 of the Illinois Code of Civil Procedure. See 815 ILCS

205/2.

16. CCI FLOORING is entitled to pre-judgment interest at the rate of five percent

(5%) per annum on all monies withheld due to an unreasonable delay of payment. See Id.

17. As a result of the actions of MADISON EVANS resulting in a breach of the

Subcontract, CCI FLOORING has suffered damages in an amount in excess of One Hundred

Fifty Thousand Six Hundred Sixty Dollars and 78/100 ($150,660. 78), plus interest as provided

under Section 205/2 of Chapter 815 of the Illinois Code of Civil Procedure.


Honorable Court enter judgment in its favor and against the Defendant, MADISON EVANS JV

LLC, in the amount of One Hundred Fifty Thousand Six Hundred Sixty Dollars and 781100

($150,660. 78), plus interest at the rate of five percent ( 5%) per annum, along with all costs and

attorneys' fees incurred in pursuing this action, and for any further relief that this Honorable

Court deems just and equitable.

Attorney Number: 33090 CHITKOWSKI LAW OFFICES Bryan R. Kelsey John J. Chitkowski 801 Warrenville Road, Suite 620 Lisle, Illinois 60532 tel. 630-824-4808; fax 630-824-4809

By:

Respectfully submitted, CHITKOWSKI LAW OFFICES

VERIFICATION

Under penalties as provided by law pursuant to Section 1-109 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 beliefand as to such matters

the undersigned certifies as aforesaid that he verily believes the same to be true.

Attorney Number: 33090 CHITKOWSKI LAW OFFICES Bryan R. Kelsey John J. Chitk:owski 801 Warrenville Road, Suite 620 Lisle, Illinois 60532 tel. 630-824-4808~ fax 630-824-4809

Documents

CCI Flooring v. Madison Evans et. al