While the money damages involved in Gerlick v. Powroznik (2017 IL App (1st) 153424-U) is low, the unpublished case provides some useful bullet points governing construction disputes. Chief among them include what constitutes substantial performance, the recovery of contractual “extras,” and the standards governing attorney fee awards under Illinois’s mechanics lien statute. The plaintiff swimming …
Category Archives: Real estate litigation
Commercial Tenant Fails to Give Proper Notice of Intent to Extend Lease – IL Case Note
Although it’s an unpublished opinion, Sher-Jo, Inc. v. Town and Country Center, Inc., 2017 IL App (5th) 160095-U still serves as a cautionary tale for tenants that fail to hew to lease notice requirements. The tenant plaintiff under the commercial lease was obligated to serve the defendant landlord with written notice by registered mail of …
Lender Lambasted for Loaning Funds to Judgment Debtor’s Related Business – IL Court
The issue on appeal in National Life Real Estate Holdings, LLC v. Scarlato, 2017 IL App (1st) 161943 was whether a judgment creditor could reach loan proceeds flowing from a lender to a judgment debtor’s associated business entity where the debtor himself lacked access to the proceeds. Answering “yes,” the Court considered some of Illinois …