Hensley Construction v. Pulte Home Corporation 

Illinois Appellate Court
Civil Court
Construction Contracts
Citation
Case Number: 
Nos. 2-09-1140 & 2-09-1141 cons.
Decision Date: 
Friday, March 26, 2010
District: 
2d Dist.
Division/County: 
Kane Co.
Holding: 
Reversed and remanded.
Justice: 
McLAREN
Plaintiff, an underground utility business specializing in installation of water and sewer lines, sued residential construction businesses for non-payment. Trial court ordered construction businesses to pay money into escrow account pending final resolution of cases. Plaintiff requested only monetary relief, thus injunctive relief inappropriate as an improper prejudgment equitable attachment. Equitable attachments are prohibited in Illinois except where claimant has interest in specific funds held by debtor, which was not the case here, as funds had no connection to underlying dispute.