Dorrnbos Heating and Air Conditioning, Inc. v. Schlenker 

Illinois Appellate Court
Civil Court
Mechanics Lien Act
Citation
Case Number: 
No. 1-09-0076
Decision Date: 
Monday, July 12, 2010
District: 
1st Dist.
Division/County: 
Cook Co., 1st Div.
Holding: 
Affirmed.
Justice: 
PATTI
Court properly entered judgment in favor of HVAC contractor for medical office facility and surgery center on its mechanic's lien claim filed against physician and his wife, who was trustee of a trust which owned the property. HVAC company's claim was not barred by Section 6 of Mechanics Lien Act, as it was seeking to enforce its lien for work for which it had not been paid, and which was begun several months after the start of its initial work on the project; the work for which lien was asserted began within 3 years of when company ceased working on project due to non-payment. Three-year period of Lien Act commences with the beginning of work for which the mechanic's lien is asserted and not with the date upon which the contract for such work was entered into. Property owners failed to prove that company breached contract, as general contractor instructed company to commence its work prior to IDPH approval of design plans, and construction problems noted later were remedied and were described as not uncommon by IDPH architect. (HALL and LAMPKIN, concurring.)