GX Chicago, LLC v. Galaxy Environmental, Inc.

Illinois Appellate Court
Civil Court
Mechanic's Lien Act
Citation
Case Number: 
2015 IL App (1st) 133624
Decision Date: 
Monday, July 27, 2015
District: 
1st Dist.
Division/County: 
Cook Co., 1st Div.
Holding: 
Affirmed.
Justice: 
CUNNINGHAM
Dispute over mechanics liens arising from construction project to develop real property owned by Plaintiff. Court correctly construed language of Section 30 of Mechanics Lien Act that "the court shall find the amount due from the owner to the contractor" to refer to the amount due from owner to lien claimants' immediate contractor. Court correctly found that outstanding amount owed on contract between general contractor and subcontractor limited funds recoverable from Plaintiff and general contractor to satisfy liens of that subcontractor and its subcontractors. When parties to relevant contract have agreed as to amount owed on contract, there is no longer a triable issue of material fact as to that amount, even if a non-party contends otherwise. It is consistent with liberal construction of Mechanics Lien Act to permit court, in its equitable discretion, to require deposit of funds and thus extinguish liens of subcontractors. (CONNORS and HARRIS, concurring.)