Section 34 of the Illinois Mechanics Lien Act (770 ILCS 60/34) presents a way for an owner to quickly dispose of a contractor’s lien recorded against his/her property. Typically, the owner serves the Section 34 notice and the contractor must either sue to foreclose its lien within 30 days or it loses the lien. But what if after …
Tag Archives: mechanics lien
Illinois Court: LLC Member Can File Mechanics’ Lien Against Property Owned by That LLC
How meta is this fact pattern? Peabody-Waterside v. Islands of Waterside, LLC, 2013 IL App (5th) 120490, examines the distinction between LLC entity liability and an LLC member’s personal liability through the lens of a mechanics lien claim filed against an LLC by one of its own members. Recall that Illinois law recognizes a clear line …
The Contractual ‘Pay-If-Paid’ Clause – How Broad Is Its Scope?
A pay-if-paid (PIP) clause in a construction contract says “I, the general contractor, will only have to pay you, the subcontractor, if the owner – the guy I contract with – pays me.” Substitute “when” for “if” in the above example and you have a pay-when-paid clause. Both of these clauses are standard in multi-layered …
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