IOLA QUARRY, INC., Claimant, v. THE STATE OF ILLINOIS, Respondent.

Case summary

The claimant, a subcontractor, sought payment for crushed stone furnished to a general contractor on a state project. The court found the Capital Development Board liable for failing to honor a properly filed mechanics' lien and awarded the claimant $5,178.58.

Claim type: Contract

Statutes cited: Ill. Rev. Stat. 1979, ch. 82, par. 24

AI-generated summary from the opinion text — may contain errors. The opinion text and PDF above are the official record.

Headnotes

TYRONE C. F AHNER, Attorney General (WILLIAM WEBBER, Assistant Attorney General, of counsel), for Respondent .
CoNTRAcTs-general contractor paid b y State in violation o f subcontractor’s lien-claim allowed. The claim of a subcontractor for stone furnished to the general contractor on a State job was allowed, as State paid general contractor the balance due for stone without regard to subcontractor’svalid mechanic’s lien.

LACKEY, WARNER & SAUER, for Claimant.

POCH,J.

This cause coming on to be heard on the Respondent’s stipulation and the Court being fully advised in the premises finds that this is a claim for crushed stone furnished by Iola Quarry, Inc., subcontractor, to the general contractor, Ron Golder, at a cost of $5,178.58.As stipulated by the parties, the Claimant, subcontractor, did file with the Capital Development Board a lien in accordance with the provisions of section 24 of the Mechanics’ Liens Act (Ill. Rev. Stat. 1979, ch. 82, par. 24) in order to protect its interest. The only way in which a subcontractor may protect its interest as against the owner of a construction project, in the State of Illinois, is through the Mechanics’ Liens Act. In spite of the fact that the lien was properly filed with the Capital Development Board, the general contractor was subsequently paid all of the balance due him without regard to the lien.

Having failed to honor a properly filed lien, the Capital Development Board is liable to the subcontractor for the amount of its lien.

In view of the Capital Development Board’s failure [*394] to recognize a valid lien, it is the order of this Court that the Claimant be granted an award as claimed in the amount of $5,178.58.