Publications

Section Newsletter Articles on Mechanics Liens

Who do you think you’re dealing with? Implied contracts and the Illinois Mechanic’s Lien Act By Adam B. Whiteman Real Estate Law, January 2015 Recent cases demonstrate the importance of not only describing your client’s entity on your lien claim, but also accurately identifying the entity with whom your client contracted. But beware: This is not always as simple as it seems, especially when the entity with whom you contracted is no longer in business.
Lien Cuisine (Or not so lien cuisine): Recent tales from the construction site and 2014 developments in construction and mechanics lien law By Samuel H. Levine Commercial Banking, Collections, and Bankruptcy, December 2014 Recent cases of interest.
Lien Cuisine: Recent tales from the construction site and 2014 developments in construction and mechanics lien law By Samuel H. Levine Real Estate Law, December 2014 Recent cases of interest to real property practitioners.
Section 34 of the Illinois Mechanics Lien Act By Howard M. Turner Construction Law, June 2014 The Mechanics Lien Act is strictly construed. It can be a trap for the unwary. Extra care should be taken in serving Section 34 notices and in responding to them.
Adjacent property mechanics liens By Ken Cripe Construction Law, March 2014 A summary of the recent case of Lake County Grading Co. LLC v. Antioch.
The aftermath of Cypress Creek—How newly-enacted HB 3636 affects commercial mortgage lenders By Thomas M. Lombardo Construction Law, January 2014 A real-world example of exactly how the recent changes to the Mechanics Lien Act affect a commercial real estate foreclosure with post-mortgage mechanics liens.
The aftermath of Cypress Creek—How newly-enacted HB 3636 affects commercial mortgage lenders By Thomas M. Lombardo Commercial Banking, Collections, and Bankruptcy, December 2013 A real-world example of exactly how the recent changes to the Mechanics Lien Act affect a commercial real estate foreclosure with post-mortgage mechanics liens.
Illinois court: LLC member can file mechanics’ lien against property owned by that LLC By Paul B. Porvaznik Real Estate Law, December 2013 Peabody-Waterside Development, LLC v. Islands of Waterside, LLC examines the LLC-vs.- LLC-member distinction through the prism of a mechanics lien claim where the defendant LLC owns real property and is itself comprised of two separate LLCs, each holding a 50% interest  
New legislation gives mechanics lien claimants priority By Michael T. Nigro and Howard M. Turner Construction Law, June 2013 On February 11, 2013 the Illinois Legislature passed an amendment to the Mechanics Lien Act that reverses the effect of LaSalle National Bank vs. Cypress Creek 1, LP decided by the Illinois Supreme Court in 2011.
Illinois Mechanics Lien Act, Section 16 as amended: Substantive change or clarification? By Lisa R. Curcio and Devin Girardi Bench and Bar, May 2013 The issue now confronting the mechanics lien bar is whether the amendment is a substantive change to the Act or merely a clarification of Section 16’s terms as they have always been understood and previously applied.
Up Cypress Creek: Mechanics liens get an inferiority complex By Eric Singer Commercial Banking, Collections, and Bankruptcy, February 2012 In a troubled economy, falling property values, undersecured construction lending and bad decisions by others can render mechanics liens losing propositions before the contractor even sets foot on the site.
Legislative update: Ten new Public Acts that affect general practice By J.A. Sebastian General Practice, Solo, and Small Firm, November 2007 The following is a summary of recent legislative action of interest to members of the ISBA General Practice, Solo, and Small Firm Section.
Lien cuisine and other construction delights By Samuel H. Levine Real Estate Law, April 2007 A lot has happened in the past three years in the area of construction law and mechanics liens.
Equitable subrogation—Mechanics’ Lien Priority By Gregory A. Thorpe and Jeannie Ridings Real Estate Law, August 2006 Recently, in Lamb Excavation, Inc. v. Chase Manhattan Mortgage Corporation, the Arizona Court of Appeals decided that a refinancing lender may successfully assert the doctrine of equitable subrogation over the claims of mechanics’ lien claimants to obtain lien priority over the lien claimants.
Mechanics Liens and lienable acts By David J. Gerber Local Government Law, January 2003 Luise, Inc v. The Village of Skokie, et. al. and Berkeley Trucking v. The Village of Skokie, et. al. are cases that went to the Fifth Division Court of Appeals on a consolidated appeal earlier this year.