Illinois Bar Journal


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Articles on Mechanics Liens

Engineering firm’s lien rights affirmed By Matthew Hector January 2016 LawPulse, Page 12 The Illinois Supreme Court reversed the lower courts and affirmed an engineering firm's statutory lien rights under the Mechanics Lien Act.
The Right of Redemption in a Mechanics Lien Foreclosure By Adam Whiteman January 2016 Article, Page 46 When a property subject to only a mechanics lien is sold at a sheriff's sale, the law grants an owner six months after the sale to redeem. Note this when drafting final orders in a foreclosure case.
Mechanics Lien Act change will expedite process By Matthew Hector November 2015 LawPulse, Page 14 A new section of the Act allows lien claimants to satisfy their claims by proceeding against a bond and thereby avoid delays and red tape.
Path to Perfection: Crafting Error-Free Illinois Mechanics Lien Claims By Howard M. Turner and Michael T. Nigro April 2014 Article, Page 192 Crafting a valid, error-free claim for lien for your contractor clients requires more than just reading the Mechanics Lien Act. Here are tips based on the statute and the cases interpreting it.
Perfecting a Mechanics Lien: What You Need to Do it Right By Howard M. Turner and Michael T. Nigro May 2013 Article, Page 254 Two seasoned attorneys offer practical tips to help you perfect mechanics liens on behalf of your contractor clients.
Debate continues over controversial mechanics lien bill By Adam W. Lasker November 2012 LawPulse, Page 574 An attempt to legislatively overturn a recent supreme court ruling is pitting developers against bankers over whose claims have priority in foreclosure sales.
Contractor Enhancement Claims in Mechanics Lien Cases: A Smaller Sliver of Pie? By Larry N. Woodard January 2012 Article, Page 46 The Mechanics Lien Act gives contractors priority over mortgagees to the extent their work "enhanced" the property's value, giving them another chance to recover when mortgaged real estate sells. This article looks at the legal and practical difficulties in proving enhancement.
Copy of mechanics lien complaint needs to be timely delivered December 2008 Illinois Law Update, Page 612 On October 9, 2008, the Illinois Appellate Court, First District, affirmed the judgment of the Circuit Court of Cook County dismissing Count I of the plaintiff's complaint. 
Secondary subcontractor’s mechanic’s lien limited to amount owed to immediate subcontractor December 2005 Illinois Law Update, Page 622 On September 22, 2005, the Illinois Appellate Court, First District, affirmed the decision of the Circuit Court of Cook County granting defendant-owner and contractor's motion for partial summary judgment limiting the amount of the plaintiff's recovery on its mechanic's lien.
Is the Illinois Mechanics Lien Act Unconstitutional? By Roger L. Price June 2005 Article, Page 298 The author reviews recent decisions on the constitutional validity of the Act and recommends legislative action.
Mechanics Liens and Slander of Title: The Case for Absolute Privilege By Michael G. Cortina May 2004 Article, Page 267 The author argues that mechanics-lien filers are protected from slander of title claims by the privilege for statements made during litigation.
Is it Time to Revise the Illinois Mechanics Lien Act? By Bruce T. Logan November 2003 Article, Page 566 This author argues that the Act is out of step with modern construction, lending, and insurance practice.
Illinois Mechanics Lien Questions and Answers By Samuel H. Levine March 2003 Article, Page 137 A quick Q&A guide to the Act and to mechanics liens generally, with links to online forms.
The Lawyer’s Journal By Bonnie McGrath June 1999 Column, Page 298 Guilty but mentally ill'' passes constitutional muster