Young v. CES, Inc., 2014 IL App (2d) 131090-U also provides clarity on which services are lienable and which aren’t. The lienable vs. non-lienable distinction is an important one to grasp because if a contractor tries to affix a lien for work that didn’t improve the property, his lien can be defeated. Obvious examples of lienable work include building a house or other …
Category Archives: Mechanics Lien/Construction Law
Pre-Development Surveying Work Is Lienable: Illinois 2d District (Part I of II)
(photo credit: google images; www.state-engineering.com (visited 11.5.14)) In October 2014, the Second District expanded on the Illinois mechanics’ lien act’s (the “Act”) substantive and timing requirements and also examined Illinois agency law and discussed what services are and aren’t lienable in Young v. CES, 2014 IL App (2d) 131090-U. Plaintiff owned two parcels of farm land that …
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Contractors’ Honest Mistake in Lien Completion Date And Amounts Doesn’t Doom Mechanic’s Lien Case (IL Law)
The First District recently validated the mechanics liens of two “ma and pa” construction companies against a competing lienholder’s argument that the liens contained a flawed completion date and an exaggerated lien amount. North Shore Community Bank v. Sheffield Wellington LLC, 2014 IL App (1st) 123784 is a priority dispute between mortgage lenders and mechanics …