North Shore Community Bank & Trust Co. v. Sheffield Wellington, LLC

Illinois Appellate Court
Civil Court
Mechanics Lien Act
Citation
Case Number: 
2014 IL App (1st) 123784
Decision Date: 
Friday, September 26, 2014
District: 
1st Dist.
Division/County: 
Cook Co., 5th Div.
Holding: 
Affirmed and reversed in part; remanded with instructions.
Justice: 
GORDON
Contractor filed a mechanics lien with an incorrect completion date. Incorrect dates of completion in Plaintiffs' claims did not materially affect Defendants' right of notice under the Mechanics Lien Act, and as to completion dates on lien claims, Act's requirements are to be liberally construed to give effect to its remedial purpose. Plaintiffs' lien claims should not be defeated because actual date of completion was mistakenly recorded by Plaintiffs, when mistaken date and correct date are both within time periods required by Sections 7 and 24 of Act. Completion dates stated in Plaintiffs' lien claims do not constitute binding judicial admissions. Court erred in denying Plaintiffs' motions for leave to amend their counterclaims with new completion dates, and genuine issues of material fact exist as to whether Plaintiffs complied with requirements of Act. (McBRIDE and TAYLOR, concurring.)