IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS

COUNTY DEPARTMENT, CHANCERY DIVISION

CCI FLOORING, INC., and Illinois corporation,

)
)
Plaintiff,
)
v.
)
MADISON EVANS JV, LLC, an Illinois limited
)
liability company, NAVY PIER, INC., an Illinois )
not-for-profit corporation; METROPOLITAN PIER)
& EXPOSITION AUTHORITY, a municipal
)
)
corporation; FIFTH THIRD BANK, a foreign
financial institution; and UNKNOWN OWNERS )
)
AND NON-RECORD CLAIMANTS,
Defendants.
)

Case No:

CCI FLOORING, INC.'S VERIFIED COMPLAINT TO FORECLOSE ON MECHANICS

LIEN AND FOR OTHER RELIEF
NOW COMES the Plaintiff, CCI FLOORING, INC., an Illinois corporation, by and
through its attorneys, Chitkowski Law Offices, and for its Verified Complaint to Foreclose on
Mechanics Lien and for Other Relief against the Defendants, MADISON EVANS JV LLC, an
Illinois limited liability company; NAVY PIER, INC, an Illinois not-for-profit corporation;
METROPOLITAN PIER AND EXPOSITION AUTHORITY, an Illinois

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FIFTH THIRD BANK, a fore1gn financial mstitutwn; and UNKNOWN O. .

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RECORD CLAIMANTS, and in support thereof states and alleges as follow~:}

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COUNT I
FORECLOSURE ON MECHANICS LIEN
1.

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Plaintiff, CCI FLOORING, INC., (hereinafter referred to as "CCI FLOORING"),

is an Illinois corporation engaged in the construction industry as a concrete flooring contractor

with its principal place of business located at 941 Sak Drive, in the City of Crest Hill, County of
Will, State of Illinois.
2.

Defendant, MADISON EVANS JV LLC, LLC, (hereinafter referred to as

"MADISON EVANS") is an Illinois limited liability company, engaged in the construction

industry as a general contractor with its principal place of business located at 15657 S. 701h
Court, in the Village of Orland Park, County of Cook, State of Illinois.
3.

Defendant, NAVY PIER, INC. (hereinafter referred to as "NAVY PIER"), is an

Illinois not-for-profit corporation and is the Tenant pursuant to a certain Lease, recorded with the
Cook County Recorder of Deeds on May 26,2011, as Document No. 1114610030.
4.

Defendant,

METROPOLITAN

PIER AND

EXPOSITION AUTHORITY

(hereinafter referred to as "MPEA"), is a municipal corporation and possesses an ownership

interest in the real property commonly known as Navy Pier/Gateway Park, 600 East Grand
Avenue, in the City of Chicago, County of Cook, State of Illinois (hereinafter referred to as the
"Property"), having P.I.N.'s 17-10-214-002; 17-10-215-057; 17-10-215-059; 17-10-217-0028001; and 17-10-217-002-8002, and l.egally described as set forth on the attached Exhibit A. See
Legal Description, marked as Exhibit A, attached hereto and made a part hereof.
5.

Defendant, FIFTH THIRD BANK (hereinafter referred to as "FIFTH THIRD"), is

a foreign financial institution with its principle place of business at 38 Fountain Square Plaza, in
the City of Cincinnati, State of Ohio and has an interest in the Property.
6.

On information and belief, on or about September 12, 2013, NAVY PIER entered

into a contract with MADISON EVANS whereby MADISON EVANS agreed to serve as the
contractor for the construction and improvements being performed on the Property (hereinafter
referred to as the "Project").
7.

On or about December 10, 2013, MADISON EVANS entered into a subcontract

with CCI FLOORING (hereinafter referred to as the "Subcontract") whereby CCI FLOORING
agreed to furnish labor and materials for polished concrete flooring for the Project. See

Subcontract, marked as Exhibit B, attached hereto and made a part hereof.

8.

In consideration of the labor and materials CCI FLOORING furnished at the

Property under the Subcontract, MADISON EVANS agreed to and was obligated to compensate
CCI FLOORING the sum of Eighty-Eight Thousand Eight Hundred Thirty-Eight Dollars and
001100 ($88,838.00). See Exhibit B.
9.

At the special instance and request of MADISON EVANS, and on information

and belief, with the knowledge and consent of NAVY PIER and/or MPEA, CCI FLOORING
furnished extra and additional labor and materials for the Project at a cost and value of SixtySeven Thousand Four Hundred Ninety-Two Eleven Dollars and 78/100 ($67,492.78). See
Subcontract Agreement Change Orders, marked as Exhibit C, attached hereto and made a part
hereof.
10.

On November 28, 2014, CCI FLOORING completed all work required to be

performed under the Subcontract, including all extra and additional work, at the Property.
11.

After crediting MADISON EVANS for payments made and allowances given, the

sum of One Hundred Fifty Thousand Six Hundred Sixty Dollars and 78/100 ($150,660.78)
remains due and owing to CCI FLOORING under the terms of the Subcontract for labor and
materials furnished at the Property, including all extra and additional work.
12.

CCI FLOORING duly complied with Section 60/24 of the Illinois Mechanics

Lien Act by serving the then known owners of record for the Property, Defendants, MADISON
EVANS, NAVY PIER, MPEA and FIFTH THIRD, with its Mechanics Lien Notice via certified
mail return receipt requested on December 23, 2014, within ninety (90) days of CCI
FLOORING'S last day of work on the Property. See Mechanics Lien Notice and Certified Mail
Receipts, marked as Exhibit D, attached hereto and made a part hereof.

13.

CCI FLOORING duly complied with Section 60/7 ofthe Illinois Mechanics Lien

Act by recording its Mechanics Lien Claim in the Office of the Cook County Recorder of Deeds
as Document Number 1501647101 on January 16, 2015, within four months of CCI
FLOORING'S last day of work on the Property. See Mechanics Lien Claim, marked as Exhibit E
attached hereto and made a part hereof.
14.

CCI FLOORING is entitled to and does claim a Mechanics Lien upon the

Property for the aforesaid balance plus interest pursuant to statute from the date the balance
became due pursuant to Sections 60/1 and 60/7 of the Illinois Mechanics Lien Act by reason of
the failure of said sum to be satisfied to date.
15.

In addition to the persons designated by name herein, there are other persons who

are or may be interested in this action and who have or claim some right, title, lien or interest in,
to or upon the Property herein above described, or some parts thereof, or any unknown or
unidentified present holder's of title or the notes secured by the mortgages, tenants, or other
parties in possession, other persons having or claiming mechanic's liens which are not of record,
any unknown or unidentified title holder, their successors, assigns, spouses, and others, the
names of which persons are unknown to CCI FLOORING and cannot be ascertained by diligent
inquiry, and all such persons are therefore made party defendants to this action by the name and
description "UNKNOWN OWNERS and NON-RECORD CLAIMANTS."
16.

Defendants, MADISON EVANS, NAVY PIER, MPEA, and FIFTH THIRD have

or claim to have, some interest in the Property, as a mortgagor, encumbrancer, purchaser, or

otherwise, the nature of which may be unknown to CCI FLOORING, such interest, if any there
be, are subject, subordinate, and inferior to the rights of CCI FLOORING.
17.

Despite serving MADISON EVANS, NAVY PIER, MPEA and FIFTH THIRD

with its Mechanics Lien Notice, the Defendants have failed to pay CCI FLOORING the full
amount due and owing.
18.

Defendants' failure to pay CCI FLOORING is without just cause or right.

WHEREFORE the Plaintiff, CCI FLOORING, INC., respectfully prays that this
Honorable Court enter an order for the following relief:
a.

That the Court determine that CCI FLOORING is entitled to and has a valid
Mechanics Lien claim on and against the following real property for the following
amount: Navy Pier/Gateway Park, 600 East Grand Avenue, in Chicago, Illinois,
P.I.N.'s 17-10-214-002; 17-10-215-057; 17-10-215-059; 17-10-217-002-8001;
and 17-10-217-002-8002, in the amount of One Hundred Fifty Thousand Six
Hundred Sixty Dollars and 781100 ($150,660. 78), plus interest pursuant to statute
in such case made and provided, and plus costs;

b.

That an accounting be taken in this behalf under the direction of the Court;

c.

That the Defendants, or some of them, be ordered to pay CCI FLOORING

whatever sums shall be found due it on taking of account, together with interest
and costs;

d.

That a receiver be appointed to collect the rents, issues and profits of the Property;

e.

That in default of payment, the Property and all improvements thereon be sold, as
the Court may direct, to satisfy the amount due CCI FLOORING;

f.

In case of a sale and failure to redeem from the sale, Defendants, and all persons
claiming by, through or under them may be forever barred and foreclosed from all
rights or equity of redemption;

g.

That, in case the proceeds of such sale be insufficient to pay the full amount due

CCI FLOORING including interest and costs, a deficiency decree may be entered
against such of the Defendants as may be found personally liable to pay the same
and that execution may issue thereon;
h.

In the alternative, that this Court enter judgment in favor of CCI FLOORING, and
against all or such of the Defendants, as may be found to be liable, in the amount
of One Hundred Fifty Thousand Six Hundred Sixty Dollars and 781100
($150,660.78), plus interest pursuant to statute together with all costs incurred by
CCI FLOORING in bringing this proceeding;

1.

That this Court tax all named Defendants and all other owners and tenants an
amount sufficient to reimburse CCI FLOORING for its reasonable attorneys' fees
and costs for Defendants' and any and all other owner's and tenant's failure to
pay the amount due and owing to CCI FLOORING without just cause or right;
and

J.

For such other relief that this Honorable Court deems just and equitable.
COUNT II
SECTION 28 CLAIM

NOW COMES the Plaintiff, CCI FLOORING, INC., by and through its attorneys,
Chitkowski Law Offices, and for its Verified Claim under Section 28 of the Illinois Mechanics
Lien Act against the Defendants, MADISON EVANS JV LLC, METROPOLITAN PIER AND
EXPOSITION AUTHORITY, and NAVY PIER, INC., and in support thereof states and alleges
as follows:
1-18. CCI FLOORING repeats and realleges its allegations contained in paragraphs one
(1) through eighteen (18) of Count I as and for its allegations contained in paragraphs one (1)
through eighteen (18) of Count II.

19.

At all relevant times, there existed a statute in Illinois which states in pertinent

part, as follows:
"if any money due to the ... subcontractor be not paid within 10 days after his
notice is served as provided ... , ... he may sue the owner and contractor jointly
for the amount due in the Circuit Court, and a personal judgment may be
rendered therein, as in other cases." See 770 ILCS 60/28.
20.

CCI FLOORING has made repeated demands for payment in the amount of One

Hundred Fifty Thousand Six Hundred Sixty Dollars and 78/100 ($150,660. 78), plus interest from
MADISON EVANS, MPEA and NAVY PIER, to no avail.
21.

The failure of MADISON EVANS, MPEA and NAVY PIER to submit payment

to CCI FLOORING renders them subject to joint liability pursuant to Section 28 of the Illinois
Mechanics Lien Act.
WHEREFORE the Plaintiff, CCI FLOORING, INC., respectfully prays that this
Honorable Court enter judgment in its favor and against the Defendants, MADISON EVANS JV
LLC, METROPOLITAN PIER AND EXPOSITION AUTHORITY, and NAVY PIER, INC., in
the amount of One Hundred Fifty Thousand Six Hundred Sixty Dollars and 78/100
($150,660.78), plus interest, costs and attorneys' fees incurred in pursuing this action, and for
any further relief that this Honorable Court deems just and equitable.
COUNT III
BREACH OF CONTRACT
NOW COMES the Plaintiff, CCI FLOORING, INC., by and through its attorneys,
Chitkowski Law Offices, and for its claim for Breach of Contract against the Defendant,
MADISON EVANS JV LLC, and in support thereof states and alleges as follows:
1-11. CCI FLOORING repeats and realleges its allegations contained in paragraphs one
( 1) through eleven ( 11) of Count I as and for its allegations contained in paragraphs one ( 1)

through eleven ( 11) of Count III.

12.

CCI FLOORING has made repeated demands for payment of all outstanding

sums to no avail.
13.

Despite the demands made by CCI FLOORING, MADISON EVANS has refused

and continues to refuse to tender full payment to CCI FLOORING to date.

14.

The failure of MADISON EVANS to tender full payment to CCI FLOORING

constitutes a breach of contract.

15.

MADISON EVANS' failure to tender payment to CCI FLOORING for the labor

and materials for polished concrete flooring work it contracted for and which were fully
performed and furnished by CCI FLOORING constitutes an unreasonable delay of payment as
set forth in Section 205/2 of Chapter 815 of the Illinois Code of Civil Procedure. See 815 ILCS
205/2.
16.

CCI FLOORING is entitled to pre-judgment interest at the rate of five percent

(5%) per annum on all monies withheld due to an unreasonable delay of payment. See Id.
17.

As a result of the actions of MADISON EVANS resulting in a breach of the

Subcontract, CCI FLOORING has suffered damages in an amount in excess of One Hundred
Fifty Thousand Six Hundred Sixty Dollars and 78/100 ($150,660. 78), plus interest as provided
under Section 205/2 of Chapter 815 of the Illinois Code of Civil Procedure.
WHEREFORE the Plaintiff, CCI FLOORING, INC., respectfully prays that this
Honorable Court enter judgment in its favor and against the Defendant, MADISON EVANS JV
LLC, in the amount of One Hundred Fifty Thousand Six Hundred Sixty Dollars and 781100
($150,660. 78), plus interest at the rate of five percent (5%) per annum, along with all costs and
attorneys' fees incurred in pursuing this action, and for any further relief that this Honorable

Court deems just and equitable.

Respectfully submitted,
CHITKOWSKI LAW OFFICES

By:

Attorney Number: 33090

CHITKOWSKI LAW OFFICES
Bryan R. Kelsey
John J. Chitkowski
801 Warrenville Road, Suite 620
Lisle, Illinois 60532
tel. 630-824-4808; fax 630-824-4809

VERIFICATION
Under penalties as provided by law pursuant to Section 1-109 of the Code of Civil
Procedure, the undersigned certifies that the statements set forth in this instrument are true and
correct, except as to matters therein stated to be on information and beliefand as to such matters
the undersigned certifies as aforesaid that he verily believes the same to be true.

Attorney Number: 33090

CHITKOWSKI LAW OFFICES
Bryan R. Kelsey
John J. Chitk:owski
801 Warrenville Road, Suite 620
Lisle, Illinois 60532
tel. 630-824-4808~ fax 630-824-4809