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Concrete Products, Inc. v. Centex Homes

Case Date: 12/03/1999
Court: 2nd District Appellate
Docket No: 2-99-0287

Concrete Products, Inc., v. Centex Homes, No. 2-99-0287

2nd District, 3 December 1999

CONCRETE PRODUCTS, INC., d/b/a Aurora Concrete Products Company,

Plaintiff-Appellee,

v.

CENTEX HOMES and LORD AND ESSEX, INC.,

Defendants-Appellants

(Grace Development Corporation; Haeger and Associates; COR Construction and Development, Ltd.; H. Linden and Sons Sewer and Water, Inc.; Northern Illinois Gas Company; Unknown Owners, and Nonrecord Claimants, Defendants).

 Appeal from the Circuit Court of Kane County.

No. 97--CH--703

Honorable Melvin E. Dunn and R. Peter Grometer, Judges, Presiding.

JUSTICE INGLIS delivered the opinion of the court:

Defendants, Centex Homes (Centex) and Lord & Essex, Inc. (Lord & Essex), appeal the judgments of the circuit court of Kane County, granting plaintiff, Concrete Products, Inc., summary judgment on plaintiff's action to foreclose on its mechanic's lien and awarding plaintiff attorney fees. We vacate the trial court's judgments and remand the cause.

Plaintiff was hired as a subcontractor to supply materials for underground concrete structures by COR Construction & Development, Ltd. (COR). COR was the general contractor providing construction for underground structures at the subject property. Lord & Essex was the original owner of record and transferred its interest in the subject property to Centex shortly before plaintiff filed suit to enforce the lien. Defendants believed that COR "bungled" the underground construction at the subject property, allegedly causing Lord & Essex damages and lowering the fair market value of the property. On March 12, 1997, Lord & Essex filed suit against COR for these alleged damages. On October 7, 1997, plaintiff filed to foreclose on its mechanic's lien against COR and Centex as the owner of record. Thereafter, COR filed for bankruptcy on December 3, 1997.

COR's bankruptcy trustee informed plaintiff that, as a result of COR's bankruptcy, a stay was imposed on this cause pursuant to section 362(a) of the Bankruptcy Act (11 U.S.C.