A motion brought pursuant to section 2-619 admits the legal sufficiency of the complaint, along with all well-pleaded facts and the inferences therefrom, but asserts an affirmative matter that avoids or defeats the claim. Northwest Millwork Co. v. Komperda, 338 Ill. App. 3d 997, 1000 (2003). This court must ascertain whether a genuine issue of material fact precluded the dismissal or, if such an issue does not exist, whether the dismissal was proper as a matter of law.
• 1 The affirmative matter Kammes raised in his motion to dismiss was that he demanded a "current" sworn contractor's statement, which plaintiff refused to furnish. The purpose of the Mechanics Lien Act (Act) ( 770 ILCS 60/1 et seq. (West 2006)) is to permit the contractor a lien upon the property where a benefit has been received by the owner and the value of the property has been increased or improved by the furnishing of labor or materials. Northwest Millwork Co. v. Komperda, 338 Ill. App. 3d 997, 1000 (2003). The rights created under the Act are statutory and in derogation of the common law, and the technical and procedural requirements necessary for a party to invoke the benefits of the Act must be strictly construed.
Thus, one purpose of the Act is to allow materialmen like Bricks to protect their interests by obtaining a lien upon premises where a benefit has been received by the owner and the value or condition of the property has been increased or improved by the furnishing of labor and materials. See Northwest Millwork Co. v. Komperda, 338 Ill. App. 3d 997, 1000 (2003). Because the rights under the Act are in derogation of the common law, the steps necessary to invoke those rights must be strictly construed.
In reaching this conclusion, the appellate court rejected the contractor's reliance upon another decision holding that the failure to provide a valid section 5 sworn contractor's statement will not preclude the contractor's claim where the time for subcontractors to file their claims has expired. Id. at 520, 334 Ill.Dec. 467, 917 N.E.2d 64 (citing Northwest Millwork Co. v. Komperda, 338 Ill.App.3d 997, 273 Ill.Dec. 90, 788 N.E.2d 399 (2003)). The court noted that Northwest Millwork involved a breach of contract claim and the issue of whether the failure to furnish a sworn statement precluded the contractor from recovering on his contract.
"The purpose of the Act is to permit a lien upon premises where a benefit has been received by the owner and the value or condition of the property has been increased or improved by the furnishing of labor and materials." Northwest Millwork Co. v. Komperda, 338 Ill. App. 3d 997, 1000 (2003), citing R.W. Dunteman Co. v. C/G Enterprises, Inc., 181 Ill. 2d 153, 164 (1998). Because the rights under the Act are in derogation of the common law, the steps necessary to invoke those rights must be strictly construed.
Mechanics lien statutes must be strictly construed with reference to all the statutory requirements upon which a lien depends. Northwest Millwork Co. v. Komperda, 338 Ill.App.3d 997, 1000, 273 Ill.Dec. 90, 788 N.E.2d 399, 402 (2003). Also, in order for a subcontractor or supplier to receive the benefits of the statute, strict compliance with the terms of the statute is necessary.
Mechanics lien statutes must be strictly construed with reference to all the statutory requirements upon which a lien depends. Northwest Millwork Co. v. Komperda, 338 111. App.3d 997, 1000, 788 N.E.2d 399, 402 (2003). Also, in order for a subcontractor or supplier to receive the benefits of the statute, strict compliance with the terms of the statute is necessary.
¶ 81 “The purpose of the Act is to permit a lien upon premises where a benefit has been received by the owner and the value or condition of the property has been increased or improved by the furnishing of labor and materials.” Northwest Millwork Co. v. Komperda, 338 Ill.App.3d 997, 1000, 273 Ill.Dec. 90, 788 N.E.2d 399 (2003) (citing R.W. Dunteman Co. v. C/G Enterprises, Inc., 181 Ill.2d 153, 164, 229 Ill.Dec. 533, 692 N.E.2d 306 (1998) ).¶ 82 Section 7 of the Act contains most of the requirements at issue in the case at bar.
“To protect itself from paying twice for the same work, the owner must demand from the contractor, prior to payment, a sworn statement listing all subcontractors providing labor and materials to the contractor.” Lazar Brothers Trucking, Inc. v. A & B Excavating, Inc., 365 Ill.App.3d 559, 563, 302 Ill.Dec. 778, 850 N.E.2d 215, 219 (2006); see also Northwest Millwork Co. v. Komperda, 338 Ill.App.3d 997, 1001, 273 Ill.Dec. 90, 788 N.E.2d 399, 402 (2003) (“If the owner pays the contractor before receiving the sworn statement, the owner may be compelled to pay subcontractors even if he or she has paid the contractor in full.”). ¶ 30 4. Section 24(a) of the Act
Though no cases are directly on point, several cases have implicitly recognized the right of construction managers to assert mechanic's liens under the prior version of the Act. See Contract Development Corp. v. Beck, 255 Ill. App. 3d 660, 669 (1994) (suggesting in dicta that a lien claimant who was retained as a construction manager and performed preconstruction services could assert a lien claim as a property manager under the Act); see also Northwest Millwork Co. v. Komperda, 338 Ill. App. 3d 997, 1003 (2003) (reversing a trial court order dismissing an action brought by a party retained to provide construction management services to foreclose a mechanic's lien under the Act and ordering further consideration of the construction manager's claim). First Midwest's argument that AMEC is not a contractor is thus premised on an incorrect reading of the statute and the recent amendment.