Publications

Section Newsletter Articles From Howard M. Turner

Preparing and filing mechanics lien claims: Complications and “Catch-22” By Howard M. Turner Construction Law, October 2017 770 ILCS 60/7 provides that instead of recording a claim for lien, a lien claimant can file suit. Instead of recording a lien, should you file suit? What factors are involved?
Choice of law, choice of forum, and public policy By Howard M. Turner Construction Law, March 2017 This article considers the validity, applicability, and effect of The Illinois Building and Construction Act, including when it is preempted by the Federal Arbitration Act.
The Third District ignores the Mechanics Lien Act, ignores precedent and injures the construction industry By Howard M. Turner Construction Law, July 2015 The author writes that the recent case of Christopher B. Burke Engineering, Ltd. v. Heritage Bank of Central Illinois is an aberration which can and probably will cause substantial damage to the construction industry unless it is either reversed by the Illinois Supreme Court or its holding repealed by the Legislature.
Section 34 of the Illinois Mechanics Lien Act By Howard M. Turner Construction Law, June 2014 The Mechanics Lien Act is strictly construed. It can be a trap for the unwary. Extra care should be taken in serving Section 34 notices and in responding to them.
New legislation gives mechanics lien claimants priority By Michael T. Nigro and Howard M. Turner Construction Law, June 2013 On February 11, 2013 the Illinois Legislature passed an amendment to the Mechanics Lien Act that reverses the effect of LaSalle National Bank vs. Cypress Creek 1, LP decided by the Illinois Supreme Court in 2011.

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