Construction Systems, Inc. v. FagelHaber, LLC

Illinois Appellate Court
Civil Court
Legal Malpractice
Citation
Case Number: 
2019 IL App (1st) 172430
Decision Date: 
Tuesday, January 15, 2019
District: 
1st Dist.
Division/County: 
Cook Co., 2d Div,
Holding: 
Affirmed.
Justice: 
MASON

Court properly granted summary judgment for Defendant in legal malpractice, as Plaintiff filed its action outside 2-year statute of limitations. Plaintiff knew or should have known of Defendant's negligence by early 2005, and its legal malpractice claim filed more than 2 years later, in 2009, is time-barred. Plaintiff's claim was ripe when it discovered that required notice for its mechanics' lien was not served, and it incurred additional legal fees in an attempt to rectify the error. Plaintiff did not seek to request a stay of malpractice proceedings pending resolution of the underlying lien litigation. (PUCINSKI and HYMAN, concurring.)