Sullivan v. Ratz

551 B.R. 338, 74 Collier Bankr. Cas. 2d 1799, 2016 U.S. Dist. LEXIS 11150, 2016 WL 379729
CourtDistrict Court, N.D. Illinois
DecidedJanuary 27, 2016
DocketNo. 12 C 5819
StatusPublished
Cited by9 cases

This text of 551 B.R. 338 (Sullivan v. Ratz) is published on Counsel Stack Legal Research, covering District Court, N.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sullivan v. Ratz, 551 B.R. 338, 74 Collier Bankr. Cas. 2d 1799, 2016 U.S. Dist. LEXIS 11150, 2016 WL 379729 (N.D. Ill. 2016).

Opinion

MEMORANDUM OPINION AND ORDER

Rubén Castillo, Chief Judge United States District Court

Maureen Sullivan (“Sullivan”) brings this appeal from an order of the U.S. Bankruptcy Court for the Northern District of Illinois discharging the debts of Thomas Patrick Ratz (“Ratz”). For the reasons set forth below, the decision of the Bankruptcy Court is affirmed.

BACKGROUND

Sullivan is a resident of Aurora, Illinois. (R. 2-28, Trial Tr. at 360.) She has a college degree in business administration and held a management position with a large corporation for approximately twenty years. (Id. at 361, 552.) Ratz was a contractor who performed home improvement work. (R. 1, Bankr, Order at 1-2.) Sullivan contacted Ratz in June 2007 to inquire about building an addition for her home after learning about Ratz through a local newspaper. (Id. at 1-2.) Sullivan wanted to build a wheelchair-accessible bathroom for her disabled adult daughter. (Id.) In Au[342]*342gust 2007, Ratz met with Sullivan twice at her home to discuss the proposed addition. (Id. at 2.) At the second meeting on August 18, 2007, Sullivan entered into an agreement with Ratz, under which Ratz was to build the addition for $83,850, with a down payment of $3,000. (Id.)

Their agreement was memorialized on a pre-printed form labeled as a “proposal,” which Sullivan signed under the space provided for “acceptance of proposal.” (Id.) The form bore the letterhead “Ex-Tream Con-Crete,” listed the owner as “Ivy D. Ratz,” and stated that the company was “Licenséd & Insured.” (M)The form was designed for simple concrete projects and had boxes to check for the type of project and materials to be used. (Id.) None of the boxes applied to a project of that size, so Ratz handwrote a basic description of the project in the space provided for “additional comments.” (Id.) The form contained few terms and included no provisions about the timing of the project, subcontracting, permits, or other key details. (Id.) Although there was a space for listing the “architect” associated with the project, this was left blank, (M)The parties also completed an addendum to the contract, handwritten by Ratz, specifying that the contract was contingent upon Sullivan obtaining financing, and providing that if she was unable to obtain financing her deposit would be returned less the cost of the permit. (Id.) When the parties signed the agreement, Sullivan gave Ratz a personal check for $3,000 as a deposit. (Id.)

Sullivan then applied for funding through a state program and eventually obtained financing through Security Bank. (Id. at 3.) The process took longer than expected, however, and she did not receive the financing until February 2009, approximately 18 months after she and Ratz had signed the agreement. (Id.) The loan amount from Security Bank was $31,000, which would be released upon submission of escrow disbursement request forms. (Id.) The bank made two disbursements to “Extream Concrete” by check. (M)The first was a check issued on February 24, 2009, for $12,250 shortly before the work began. (Id.) It was based on an invoice prepared by Ratz for “framing, footing, wall, stone, excavation, hauling, demolition, and permits.” (Id.) The second disbursement was issued on March 16, 2009, for $15,750 shortly after the work began. (Id.) It was based on an invoice Ratz prepared for “electric supplies and payment to electric contractor, and ComEd, to purchase all plumbing material and payment to plumbing contractor, to purchase lumber, roof trussels, shingles, metal flashing, payment to carpenter contractors, to pay for all inspections to date and future, and to purchase all tile, flooring paint and fixtures.” (Id.) When the second invoice was prepared, the work under the first invoice had not yet been completed. (Id.) Ratz signed the escrow disbursement, along with Sullivan, authorizing Security Bank to pay him for the scope of the work listed in the invoices. (Id.) Ratz understood when he received the money from Security Bank that it was being released from an escrow account. (Id.)

Ratz began work on the project in March 2009. (Id.) Over a period of two days, he and several workers excavated the site. (Id.) Thereafter, several days passed without any further work being done. (Id.) Sullivan became frustrated and called Ratz several times to inquire about the status of the project. (Id.) He responded that he had other jobs he was working on but that he would be back at her house soon. (Id.) At the end of March, Ratz’s workers moved an electric line from the garage to the side of the house where the addition was to be built. (Id.) In mid-April, Ratz returned with two or three other individuals and moved a shed to make [343]*343room for the addition. (Id. at 3-4.) At some point in April, Ratz informed Sullivan that his father-in-law was dying and that he would not be working on her bathroom for a while because he had to be with his family. (Id. at 4.) In mid-May, Ratz or his workers poured the concrete foundation for the addition while Sullivan was not at home. (Id.) At the end of May, Ratz brought a Bobcat to Sullivan’s house, which he used to push soil against the foundation to fill a gap. (Id.) At that time, Sullivan complained to Ratz about the quality of the concrete that had been poured, as it appeared to her to be “wavy” in spots. (Id.)

In early June, Ratz returned with a carpenter to discuss the construction of cabinets for the bathroom. (Id.) In early July 2009, Ratz informed Sullivan that his sister was ill in Florida and that he was going out of town to be with her. (Id.) Several days later, Ratz informed Sullivan that his sister had died. (Id.) In late July, Ratz informed Sullivan that he was back in town, but that he had to perform another job to get the money to pay his crew before they could come back to work at her house. (Id.)

By July 29, 2009, Sullivan had become frustrated with the delays and terminated Ratz’s services by email. (Id.) Piatz subsequently asked her several times if he could finish the project, but Sullivan refused. (Id.) Two of Sullivan’s neighbors, along with an individual who had done some work on the project as a subcontractor, volunteered to complete Sullivan’s bathroom. (Id.) They had to correct some portions of the foundation that were not level, but they were otherwise able to build on the foundation that Ratz had poured. (Id.) It took them roughly six months to complete the project, in part because they only worked on it during their free time. (Id.) Sullivan paid for some of the materials that were used but did not compensate these individuals for their time or labor. (Id.) In late September or early October 2009, Ratz sent Sullivan a “final billing statement” in which he outlined his various expenses, including payment to a company called “Moser Builders” for subcontracting work. (R, 1-21, Final Billing Statement at 3-4.) According to the statement, Sullivan owed Ratz a balance of $500. (Id. at 4.)

After terminating Ratz, Sullivan learned by examining city records that a company called Angel Construction, owned by an individual named Angel Perez, was connected to the project. (R. 1, Bankr.

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Cite This Page — Counsel Stack

Bluebook (online)
551 B.R. 338, 74 Collier Bankr. Cas. 2d 1799, 2016 U.S. Dist. LEXIS 11150, 2016 WL 379729, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sullivan-v-ratz-ilnd-2016.