Paul Porvaznik – Business Litigator
Case Notes and Summaries of Recent Cases (State and Federal Courts – Illinois Focus)
Action Plumbing v. Bendowski, 402 Ill.App.3d 681 (2nd Dist. 2010), discusses Section 17(b) of the Mechanics Lien Act (the “Act”), 770 ILCS 60/17(b) – the section that allows a lien claimant to recover its attorneys’ fees from an owner in some circumstances. The plaintiff plumbing contractor recorded mechanics liens against 16 residential properties and sued to …
Continue reading “Mechanics Lien Attorneys’ Fees Only Binds Owner, Not Lender – IL Court”
In Asset Recovery vs. Walsh Construction, 2012 IL App (1st) 101226, the First District affirmed a bench trial judgment for a general contractor sued by a demolition subcontractor for breach of contract and quantum meruit. The lawsuit stemmed from numerous delays over the course of a multi-million dollar demolition subcontract in connection with the redevelopment of the Palmolive Building, a high profile …
Continue reading “Illinois Contract Law: Parol Evidence Rule, ‘No Damages for Delay’ Clauses”
Section 16 of the mechanics lien statute (770 ILCS 60/17), which codifies the enhancement rule (please see prior post), was recently amended in the wake of 2011’s LaSalle National Bank v. Cypress Creek 1, LLP decision: http://www.state.il.us/court/Opinions/SupremeCourt/2011/February/109954.pdf In Cypress Creek, the Illinois Supreme Court severely diluted contractor’s lien rights by allowing a construction lender to trump contractors’ rights …
Continue reading “Mechanics’ Lien Enhancement Rule – Post-Cypress Creek”