Construction Systems, Inc. v. FagelHaber LLC, 2015 IL App (1st) 141700, dramatically illustrates the perilous consequences that can flow from a construction contract’s failure to identify the contracting parties and shows the importance of clarity when drafting releases intended to protect parties from future liability. The plaintiff contractor sued its former law firm (the Firm) for failing to properly …
Tag Archives: judicial estoppel
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 …
Failure to Disclose Claim in Bankruptcy Torpedoes Later Injury Suit
What happens if (a) you get injured (and you aren’t at fault and have a claim against the person who injured you) after you file for bankruptcy but (b) before you get a discharge and (c) you don’t inform the bankruptcy court of this claim? That’s the question examined in Schoup v. Gore, 2014 IL App (4th) 130911 (4th …
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