Plaintiff brought mechanic's lien action against Defendants. Court properly found that Plaitniff had committed constructive fraud and entered summary judgment in favor of 3 Defendants. Court properly awarded 2 Defendants attorney fees pursuant to Mechanics Lien Act. Court properly awarded Bank attorney fees per Rule 137. Plaintiff's mechanic's lien stated falsely that Defendants owed Plaintiff $46,200 as of a certain date; but clear terms of parties' retail installment contract provided that Defendants were not required to make first installment payment until later date. Court sanctioned Plaintiff for repeatedly submitting documents to court containing false statements about Plaintiff's right to enforce its mechanic's lien claim. (REYES and NEVILLE, concurring.)
Illinois Appellate Court
Civil Court
Mechanics Lien Act