(photo credit: www.dreamstime.com; Google images (visited 11.26.14) In earlier posts, I’ve discussed how time-consuming and frustrating it can be to collect on a money judgment. The primary creditor enforcement methods include freezing the debtor’s bank accounts, garnishing his wages, and liening his real estate by recording the judgment in the county where his land is located. Recording a lien against a debtor’s …
Tag Archives: Porvaznik
Contractor’s Failure to Provide Sworn Statement Dooms Mechanics Lien Suit
A contractor lost its nearly $400,000 mechanics’ lien when it failed to serve a “Section 5 statement”, which lists subcontractors and amounts owed and owing, after the property owner requested one. 770 ILCS 60/5 (the “Lien Act”). In Cityline Construction v. Roberts, 2014 IL App (1st) 130730, the parties entered into an oral contract for fire restoration work. The plaintiff …
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Suit Against Home Inspector Thrown Out Based on Contractual Liquidated Damages Clause and Disclaimers
In Boshyan v. Private I. Home Inspections, Inc., 2014 IL App (1st) 287715, the First District examines the interplay between a liquidated damages provision and limitation of liability language in a written home inspection contract. The plaintiff home buyer sued his home inspector for breach of contract after the plaintiff encountered property defects after he moved …