Withholding 10 Percent of the Contract Price As Security
In Bates & Rogers Construction Corp. v. North Shore Sanitary District, 92 Ill. App. 3d 90, 414 N.E.2d 1274, 47 Ill. Dec. 158 (1980), the plaintiff sought a constructive trust, arguing that the defendant withheld 10% of the contract price as security for complete performance of the contract. Bates & Rogers Construction, 92 Ill. App. 3d at 92.
The appellate court dismissed the count, which it stated was "confusing for a number of reasons, including the fact that it seeks an equitable remedy, constructive trust, for an action at law clearly compensable in money damages." Bates & Rogers Construction, 92 Ill. App. 3d at 98.