Constructive mechanics lien fraud and slander of title are two central topics the appeals court grapples with in Roy Zenere Trucking & Excavating, Inc. v. Build Tech, Inc., 2016 IL App (3d) 140946. There, a commercial properly developer appealed bench trial judgments for two subcontractor plaintiffs – a paving contractor and an excavating firm – …
Tag Archives: constructive fraud
Lien Inflation and “Plus Factors” – Constructive Fraud in Illinois Mechanics Lien Litigation
The contractor plaintiff in Father & Sons Home Improvement II, Inc. v. Stuart, 2016 IL App (1st) 143666 was caught in several lies in the process of recording and trying to foreclose its mechanics lien. The misstatements resulted in the nullification of its lien and the plaintiff being on the hook for over $40K in opponent attorneys’ fees. …
Constructive Fraud in IL Mechanics’ Lien Suits: A Case Study
Here’s one from the vault. While dated, the case is still relevant for its cogent discussion of important and recurring mechanics’ lien litigation issues. In Springfield Heating and Air Conditioning, Inc. v. 3947-55 King Drive at Oakwood, LLC, 387 Ill App 3d 906 (1st Dist. 2009), the First District examined the concept of constructive fraud …
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