Northwest Millwork Co. v. Komperda

11 Citing cases

  1. Larochelle v. Allamian

    361 Ill. App. 3d 217 (Ill. App. Ct. 2005)   Cited 18 times
    Holding that a website whose only interactive feature was to allow users to retrieve stock quotes was “barely more than passive”

    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.

  2. Weydert Homes v. Kammes

    395 Ill. App. 3d 512 (Ill. App. Ct. 2009)   Cited 36 times
    Finding that, despite breach of contract claim, dismissal of plaintiff's quantum meruit claim was "premature" as the lower court "had not considered any evidence . . . concerning the formation of, or performance of, the contract."

    • 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.

  3. Bricks, Inc. v. C F Developers, Inc.

    361 Ill. App. 3d 157 (Ill. App. Ct. 2005)   Cited 14 times

    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.

  4. Cityline Constr. Fire & Water Restoration, Inc. v. Roberts

    2014 Ill. App. 130730 (Ill. App. Ct. 2014)   Cited 5 times

    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.

  5. Crawford Supply Co. v. Schwartz

    396 Ill. App. 3d 111 (Ill. App. Ct. 2009)   Cited 10 times   1 Legal Analyses

    "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.

  6. In re Estes Group, Inc.

    299 B.R. 502 (Bankr. N.D. Ill. 2003)

    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.

  7. In re Estes Group, Inc.

    Case No. 01 B 15312, Adversary No. 01 A. 00800 (Bankr. N.D. Ill. Sep. 17, 2003)

    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.

  8. N. Shore Cmty. Bank & Trust Co. v. Sheffield Wellington LLC

    2014 Ill. App. 123784 (Ill. App. Ct. 2014)   Cited 49 times
    Finding that an overcharge in a contractor's mechanic's lien claim was not substantial enough to constitute constructive fraud

    ¶ 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.

  9. Gerdau Ameristeel United States, Inc. v. Broeren Russo Constr., Inc.

    2013 Ill. App. 4th 120547 (Ill. App. Ct. 2013)   Cited 6 times

    “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

  10. Cordeck Sales v. Construction Systems

    382 Ill. App. 3d 334 (Ill. App. Ct. 2008)   Cited 68 times
    Finding that an overstatement in a mechanic's lien claim did not constitute constructive fraud because aside from the lien claim itself there was no other evidence from which fraudulent intent could be inferred

    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.