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: Real estate litigation
Diminution in Value Is Proper Damages Measure in Tree Cutting Case (IL 1st Dist)
(photocredit: gettysburgdaily.com (visited 11.2.14) Geise v. Neal, 2014 IL App (1st) 133914-U, discusses how to measure damage caused by unauthorized tree cutting on private property. The plaintiff rented out his deceased mother’s home to the defendants under a two-year lease. After they took possession, the defendants cut down over 50 trees on the lot. When …
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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 …