Action Plumbing Company, Inc. v. Bendowski 

Illinois Appellate Court
Civil Court
Mechanics Lien Act
Attorney Fees
Citation
Case Number: 
Nos. 2-09-0631, 2-09-0632, 2-09-0634, 2-
Decision Date: 
Tuesday, June 22, 2010
District: 
2d Dist.
Division/County: 
Kane Co.
Holding: 
Reversed in part; remanded.
Justice: 
SCHOSTOK
Trial court improperly taxed subcontractor's attorney fees on subsequent purchasers of homes by including attorney fees in foreclosure decrees, in violation of Mechanics Lien Act. Even though court stated that it was taxing attorney fees as against allegedly bankrupt developer, the developer had defaulted and thus was not in a position where it had to pay attorney fees to avoid any loss of interest.