Construction Law

Construction Law

Englewood Construction, Inc. v. J.P. McMahon Properties, LLC

Englewood Construction, Inc. v. J.P. McMahon Properties, LLC
Illinois Appellate Court
Civil Court
Mechanics Lien Act
Citation
Case Number: 
2025 IL App (3d) 240389
Decision Date: 
Thursday, May 29, 2025
District: 
3d Dist.
Division/County: 
Will Co.
Holding: 
Reversed and remanded.
Justice: 
BRENNAN

In a case arising out of a mechanic’s lien and brought under the Mechanics Lien Act, plaintiff and counter-defendant appealed from the trial court’s partial grant of defendant and counter-plaintiff’s first motion for summary judgment that invalidated the counter-defendant’s lien and the trial court’s partial grant of the defendant/counter-plaintiff’s second motion for summary judgment on its claim to quiet title and corresponding award of compensatory judgment. Counter-defendant also appealed from sanctions imposed against it by the trial court. The appellate court reversed and remanded finding, among other things, that the validity of the lien was not properly determined by summary judgment and neither was the claim to quiet title. (DAVENPORT and BERTANI, concurring)

2025 Professionalism Bundle

ISBA Members: Use your 15 hours of Free CLE credits to order this program –
just use the green button next to the “Add to Cart” button below!
Presented by the Illinois State Bar Association


6.0 hours MCLE credit, including 6.0 hours Professional Responsibility MCLE credit in the following categories:
  • 4.0 hours Professionalism, Civility, Legal Ethics, or Sexual Harassment Prevention credit
  • 1.0 hour Diversity and Inclusion credit
  • 1.0 hour Mental Health and Substance Abuse credit
This bundle satisfies the 6 hour Professional Responsibility Requirement for a two-year reporting period under Supreme Court Rule 794(d).
Accreditation Expiration Date: ­­­­­­­­­­­­­­­­­­­­­­­­­May 28, 2027 (You must certify completion and save your certificate before this date to get MCLE credit)


Satisfy all six hours of your Professional Responsibility requirement with this on-demand program that explores:
  • How to manage a positive work-life balance and practice mindful stress management;
  • How to work with witnesses, jurors, and experts who may differ from ourselves;
  • How artificial intelligence is being used in the legal practice, as well as the ethical issues to be aware of when using this technology;
  • How to identify problems that artificial intelligence can solve;
  • The best practice tips you need to build and maintain successful client management;
  • What you need to know about professional liability and cyber insurance; and
  • Much more!


Mental Health 101: Strategies for Thriving, Not Just Surviving
Originally presented by the ISBA Young Lawyers Division
(1.0 hour Mental Health or Substance Abuse MCLE/PMCLE credit)
As attorneys, we work long hours, juggle multiple cases simultaneously, spend a large amount of time researching case law and preparing legal documents, and have strict deadlines that must be remembered (and met!) – all while staying up to date on the ever-changing laws and regulations that will impact our clients and practice. These mental demands can take its toll and leave us feeling deflated, burnt out, and running on fumes. Join us for this online seminar that teaches you how to create a better work-life balance, while still meeting your professional and personal goals. Topics include: positive strategies to enhance your self-care; how to practice mindful stress management; tactics for building your resilience and mental fitness; and how to find your perfect mental health space.
Program Moderator: Courtney A. Berlin, Clifford Law Offices, Chicago
Erin Clifford, Clifford Law Offices, Chicago


Pronouns on Trial
Originally presented by the ISBA Standing Committee on Sexual Orientation and Gender Identity
(1.0 hours Diversity and Inclusion MCLE/PMCLE credit)
Transgender and non-binary individuals need the same respect and attentive representation as our other clients, but discomfort and implicit bias oftentimes get in our way. Join us online for this comprehensive discussion on how to work with witnesses, jurors, and experts who may differ from ourselves. Topics include: strategies for discovering honorifics and pronouns; how to address objections (both principled and vituperative); possible form changes (appearance/jury questionnaire); and the proposed changes to Illinois Rules of Professional Conduct 8.4 (Misconduct).
Program Coordinator/Moderator: John W. Moore, John W. Moore, P.C., Chicago
Hon. Mary Cay Marubio, Circuit Court of Cook County, Chicago
John W. Moore, John W. Moore, P.C., Chicago
Joanie Rae Wimmer, Law Offices of Joanie Rae Wimmer, Oak Park


The Dawning of the Age of Artificial Intelligence: Promise or Threat to the Practice of Law?
Originally presented by the ISBA Standing Committee on Artificial Intelligence & The Practice of Law
  • Artificial Intelligence and the Law: Promise or Peril?
(1.0 hour Professionalism, Civility, Legal Ethics, or Sexual Harassment Prevention credit)
Don’t miss this in-depth look at how artificial intelligence is being used in the legal practice, as well as the ethical issues to be aware of when using this technology. Topics include: recent developments in AI, type of AI, the application of artificial intelligence in the practice of law; how artificial intelligence is being used in the courts; and how to recognize (and address) Deep Fakes.
Program Moderator: George (“Geo”) Bellas, Bellas & Wachowski, Park Ridge
Jonathan Nessler, Nessler & Associates Ltd., Springfield
Nelson Rosario, Rosario Tech Law, LLC, Chicago
  • Practical Demonstration of Artificial Intelligence in the Practice
(1.0 hour Professionalism, Civility, Legal Ethics, or Sexual Harassment Prevention credit)
Learn how to identify problems that artificial intelligence can solve (and which AI tools to use in solving that problem) with this informative presentation. Examples of how artificial intelligence can assist with office tasks and market your law practice are also included.
Drew G. Vaughn, Deviant Marketing LLC, Chicago


Best Practices for Successful Client Management
Originally presented as part of the ISBA’s Solo & Small Firm Conference 2024
(1.0 hour Professionalism, Civility, Legal Ethics, or Sexual Harassment Prevention credit)
This segment offers the best practice tips you need to build and maintain successful client management. Topics include: intake, termination, and communication.
Program Moderator: Genevieve E. Miller, Singewald Law Firm, Chicago
Melissa Smart, Attorney Registration & Disciplinary Commission, Chicago


Safeguarding Your Practice: Navigating Insurance Coverage for Law Firms and Attorneys
Originally presented by the ISBA Standing Committee on Law Office Management and Economics
(1.0 hour Professionalism, Civility, Legal Ethics, or Sexual Harassment Prevention credit)
Join us for an in-depth look at how the right insurance coverage can safeguard you and your law practice, as well as the underwriting basics you need to know and the misconceptions regarding losses vs types of coverage. Solo and small firm attorneys, general practitioners, new lawyers, and insurance law attorneys with basic to intermediate practice experience who attend this seminar will better understand: What you need to know about professional liability and cyber insurance; the various types of insurance available to your practice; the importance of transparency in applying for coverage; the most common required underwriting information; business interruption coverage; commercial general liability and other coverage commonly required by landlords; key-person coverage and individual disability income coverage; and business overhead expenses.
Program Coordinator/Moderator: Jennifer Danish, Bryant Legal Group P.C. Chicago
Daniel Cotter, Dickinson Wright, Chicago
Adam Czerwinski, Sidebar Insurance Solutions, Orland Park
Jennifer Danish, Bryant Legal Group P.C. Chicago
Scott Dutton, ISBA Mutual Insurance Company, Chicago



Pricing Information
  • Please Note: You must attend the entire program in order to earn MCLE credit for this seminar. Your certificate will be available after all segments have been completed and the Bundle evaluation completed.
  • Fees:
    • ISBA Member Price of $159 is displayed below when you login and program is eligible for Free CLE member benefit
    • Non-Member Price $375
    • New Attorney Member (within the first five years of practice) - $50
    • Law Students - Free

Real Estate Law Update - Fall 2024 - Part 2

ISBA Members: Use your 15 hours of Free CLE credits to order this program –
just use the green button next to the “Add to Cart” button below!
Presented by the ISBA Real Estate Law Section


3.25 hours MCLE credit, including 1.0 hour Professional Responsibility MCLE credit in the following category: Professionalism, Civility, Legal Ethics, and Sexual Harassment Prevention credit


Original Program Date: Thursday, November 7, 2024
Accreditation Expiration Date: ­­­­­­­­­­­­­­­­­­­­­­­­­February 25, 2027 (You must certify completion and save your certificate before this date to get MCLE credit)


Get the updates you need on real estate law – from the legislative changes and recent case law that may impact your client or law practice, to the importance of having a succession plan in place in the event of your death, disability, or retirement. Lawyers with all levels of practice experience who attend this program, will better understand:
  • The basics of landlord and tenant law;
  • How to use the Partitions Act to help your client divide a parcel of land;
  • How to remove a mechanic’s lien from a title (and how to avoid them from attaching to a title in the first place);
  • What to do if your client’s post-closing agreement results in litigation;
  • And much more.

Program Coordinator/Moderator:
Laura L. Lundsgaard, Attorney & Counselor at Law, LLC, Inverness

Jungle Vines on Your Title: Mechanic’s Lien
This presentation shows you how to remove a mechanic’s lien from a title, while explaining what a mechanic’s lien is, how it takes priority, and how to avoid them from attaching to title.
Mark B. Grzymala, Grzymala Law Offices, Skokie
Samuel H. Levine, Downey and Lenkov LLC, Chicago

Partitions Act
Join us for an in-depth look at the Partitions Act, including what it is and how you can use this legislation to help your client when it’s time to split a parcel of land.
Gary R. Gehlbach, Ehrmann Gehlbach Badger & Considine, LLC, Dixon

Disagreements at the Closing Table: Post-Closing Agreements & Post-Closing Litigation
Learn how to represent your client in a post-closing agreement and how to handle if these agreements result in litigation.
Erica C. Minchella, Minchella & Associates, Ltd., Skokie

Succession Upon Death, Disability, or Retirement*
Colleagues, clients, and family are often left wondering how to deal with an attorney’s caseload upon the attorney’s death or disability. Do you have a succussion plan in place? This segment discusses the Illinois Rules of Professional Conduct that guide the succession of your client files and practice upon your death, disability, or retirement.
Anisa L. Jordan, Attorney Registration and Disciplinary Commission, Chicago

Program Information

  • Please Note: You must attend the entire program in order to earn MCLE credit for this seminar.
  • ISBA sponsoring section members get a $10 registration discount (which is automatically calculated in your cart when you log in to register).
  • Fees:
    • ISBA Member Price of $113.75 is displayed below when you login and program is eligible for Free CLE member benefit.
    • Non-Member Price $227.50
    • New Attorney Member (within the first five years of practice) - $25
    • Law Students – Free

Real Estate Law Update - Fall 2024 - Part 1

ISBA Members: Use your 15 hours of Free CLE credits to order this program –
just use the green button next to the “Add to Cart” button below!
Presented by the ISBA Real Estate Law Section


2.50 hours MCLE credit


Original Program Date: Thursday, November 7, 2024
Accreditation Expiration Date: ­­­­­­­­­­­­­­­­­­­­­­­­­February 24, 2027 (You must certify completion and save your certificate before this date to get MCLE credit)


Get the updates you need on real estate law – from the legislative changes and recent case law that may impact your client or law practice, to the importance of having a succession plan in place in the event of your death, disability, or retirement. Lawyers with all levels of practice experience who attend this program, will better understand:
  • The basics of landlord and tenant law;
  • How to use the Partitions Act to help your client divide a parcel of land;
  • How to remove a mechanic’s lien from a title (and how to avoid them from attaching to a title in the first place);
  • What to do if your client’s post-closing agreement results in litigation;
  • And much more.

Program Coordinator/Moderator:
Laura L. Lundsgaard, Attorney & Counselor at Law, LLC, Inverness

Legislation Update
Don’t miss this comprehensive overview of the recent legislative developments that may impact your real estate clients or practice.
Bruno W. Tabis, Huck Bouma Attorneys at Law, Wheaton

Case Law Update
Keep abreast of the latest case law updates involving real estate matters with this informative presentation.
Joseph R. Fortunato, Mainstreet Organization of REALTORS®, Downers Grove

Perspectives from Landlords vs. Tenants
If you have never represented a landlord or tenant, then you won’t want to miss this segment as our speaker walks you through the basics of landlord and tenant law.
Hannah R. Lamore, Mahoney, Silverman, and Cross, LLC, Joliet


Program Information

  • Please Note: You must attend the entire program in order to earn MCLE credit for this seminar.
  • ISBA sponsoring section members get a $10 registration discount (which is automatically calculated in your cart when you log in to register).
  • Fees:
    • ISBA Member Price of $87.50 is displayed below when you login and program is eligible for Free CLE member benefit.
    • Non-Member Price $175
    • New Attorney Member (within the first five years of practice) - $25
    • Law Students – Free

Collecting Judgments & Bankruptcy Issues Series: Collecting Against LLC Interests and Using Equitable Remedies to Enforce Judgments

ISBA Members: Use your 15 hours of Free CLE credits to order this program –
just use the green button next to the “Add to Cart” button below!
Presented by the ISBA Commercial Banking, Collections, and Bankruptcy Section


1.50 hours MCLE credit


Original Program Date: Tuesday, February 4, 2025
Accreditation Expiration Date: ­­­­­­­­­­­­­­­­­­­­­­­­­February 10, 2027 (You must certify completion and save your certificate before this date to get MCLE credit)


Don’t miss Part 3 of this three-part series as we discuss important issues to consider when collecting against LLC interests and using equitable remedies to enforce judgments. Topics include: strategies to enforce judgments against a judgment debtor’s ownership or interest in an LLC; the equitable remedy options available in judgment enforcements; actions for fraudulent conveyances; constructive trusts; piercing the corporate veil; and much more.


Program Coordinators:
Samuel H. Levine, Downey & Lenkov LLC, Chicago
Nathan Lollis, Law Offices of Nathan Lollis, LLC, Chicago

Program Chat Moderator:
 Samuel H. Levine, Downey & Lenkov LLC, Chicago

Program Speakers:
Keith Barnstein, Markoff Law LLC, Chicago
Laura E. Schrick, Mathis, Marifian & Ritcher, Ltd., Belleville


Pricing Information

  • Please Note: You must attend the entire program in order to earn MCLE credit for this seminar.
  • ISBA sponsoring section members get a $10 registration discount (which is automatically calculated in your cart when you log in to register).
  • Fees:
    • ISBA Member Price of $52.50 is displayed below when you login and program is eligible for Free CLE member benefit.
    • Non-Member Price $105
    • New Attorney Member (within the first five years of practice) - $25
    • Law Students – Free

Seeing Red: Transforming Anger into Healthy Skills for Healthy Living

ISBA Members: Use your 15 hours of Free CLE credits to order this program –
just use the green button next to the “Add to Cart” button below!
Presented by the ISBA Trusts & Estates Section


1.0 hour MCLE credit, including 1.0 hour Professional Responsibility MCLE credit in the following category: Mental Health and Substance Abuse credit


Original Program Date: Tuesday, January 21, 2025
Accreditation Expiration Date: ­­­­­­­­­­­­­­­­­­­­­­­­­January 27, 2027 (You must certify completion and save your certificate before this date to get MCLE credit)


Anger comes in many forms – from quiet disappointment to all-consuming rage – and springs from many sources, including perceived provocations, differences of opinion, fragile egos, and more. Don’t miss this opportunity to hear from our speaker, Lynette Hoy, as she explores the best methods for managing anger and coping with angry clients. Attorneys with basic practice experience who attend this online seminar will better understand:
  • The nature and physiology of anger;
  • How to express anger with respect, empathy, and assertiveness using research-based skills;
  • The strategies for coping with anger in personal and professional situations; and
  • Much more.

Program Coordinators:
Kerry R. Peck, Peck Ritchey LLC, Chicago
Colleen L. Sahlas, Law Offices of Hoy & Sahlas, LLC, Oak Brook

Program Chat Moderator:
Colleen L. Sahlas, Law Offices of Hoy & Sahlas, LLC, Oak Brook

Program Speaker:
Lynette J. Hoy, President, Anger Management Institute, Oak Brook
About the Speaker: Lynette Hoy is a Licensed Clinical Professional Counselor in Illinois and a National Certified Counselor. She is a Diplomate, Supervisor, Consultant, and Anger Management Specialist-V with the National Anger Management Association, as well as a Certified Clinical Trauma Professional by Evergreen Certifications. Mrs. Hoy has authored all the What’s Good About Anger? books and expanded workbooks and is a regular pre-conference workshop presenter and track leader for the AACC international conferences. Lynette oversees, authors, and publishes all courses and training curriculum for both the Anger Management Institute and CounselCare Connection, P.C. She is a crisis counselor with the R-3 Continuum, a crisis care network providing counseling and debriefing to various individuals and companies.


Program Information

  • Please Note: You must attend the entire program in order to earn MCLE credit for this seminar.
  • ISBA sponsoring section members get a $10 registration discount (which is automatically calculated in your cart when you log in to register).
  • Fees:
    • ISBA Member Price of $35 is displayed below when you login and program is eligible for Free CLE member benefit.
    • Non-Member Price $70
    • New Attorney Member (within the first five years of practice) - $25
    • Law Students – Free

Collecting Judgments & Bankruptcy Issues Series: What You Need to Know about Cryptocurrency

ISBA Members: Use your 15 hours of Free CLE credits to order this program –
just use the green button next to the “Add to Cart” button below!
Presented by the ISBA Commercial Banking, Collections, and Bankruptcy Section


1.0 hour MCLE credit, including 1.0 hour Professional Responsibility in the following category: Professionalism, Civility, Legal Ethics, or Sexual Harassment Prevention credit


Original Program Date: Wednesday, January 8, 2025
Accreditation Expiration Date: January 27, 2027(You must certify completion and save your certificate before this date to get MCLE credit)


Join us for Part 2 of this three-part series as we discuss collections in bankruptcy and the issues that can arise with cryptocurrency. Listen as our cybercurrency and forensic accounting expert offers information and strategies for collecting judgments and handling bankruptcy claims against cybercurrency assets.

Program Coordinators:
Samuel H. Levine, Downey & Lenkov LLC, Chicago
Nathan Lollis, Law Offices of Nathan Lollis, LLC, Chicago

Program Moderator:
Julia Jensen Smolka, Robbins DiMonte, Park Ridge

Program Speaker:
Stuart G. Berman, CFE, CAMS, PSP, RSA Risk Management & Investigations, Naperville


Pricing Information

  • Please Note: You must attend the entire program in order to earn MCLE credit for this seminar.
  • ISBA sponsoring section members get a $10 registration discount (which is automatically calculated in your cart when you log in to register).
  • Fees:
    • ISBA Member Price of $35 is displayed below when you login and program is eligible for Free CLE member benefit.
    • Non-Member Price $70
    • New Attorney Member (within the first five years of practice) - $25
    • Law Students – Free

Property Taxes in Chapter 13 Bankruptcies

ISBA Members: Use your 15 hours of Free CLE credits to order this program –
just use the green button next to the “Add to Cart” button below!
Presented by the ISBA Commercial Banking, Collections, and Bankruptcy Section


1.5 hours MCLE credit


Original Program Date: Wednesday, December 18, 2024
Accreditation Expiration Date: ­­­­­­­­­­­­­­­­­­­­­­­­­January 28, 2027 (You must certify completion and save your certificate before this date to get MCLE credit)


Get the best practice tips you need to help your Chapter 13 debtor/creditor clients as they deal with delinquent property taxes with this informative online seminar. Commercial banking lawyers, real estate practitioners, bankruptcy attorneys, and construction law counsel with basic to intermediate practice experience who attend this program will better understand:
  • How to pay off property taxes in Chapter 13;
  • How to confirm if there is a tax sale;
  • How to identify the tax buyer;
  • Receiving notice of a sale in error;
  • Who gets paid in Chapter 13;
  • How to ensure release of rights upon discharge;
  • How to get all interested parties to participate;
  • What happens upon dismissal or conversion;
  • What happens when checks are rejected;
  • Who files the proof of claim (and for what entity); and
  • Much more.

Program Coordinator:
Samuel H. Levine, Downey & Lenkov LLC, Chicago

Program Moderator:
Julia Jensen Smolka, Robbins DiMonte, Park Ridge

Program Speakers:
Paul M. Bach, Bach Law Offices, Inc., Northbrook
Claudia Badillo, Badillo Law Group, Chicago
Thomas H. Hooper, Chapter 13 Trustee, Chicago


Pricing Information

  • Please Note: You must attend the entire program in order to earn MCLE credit for this seminar.
  • ISBA sponsoring section members get a $10 registration discount (which is automatically calculated in your cart when you log in to register).
  • Fees:
    • ISBA Member Price of $52.50 is displayed below when you login and program is eligible for Free CLE member benefit.
    • Non-Member Price $105
    • New Attorney Member (within the first five years of practice) - $25
    • Law Students – Free

Collecting Judgments & Bankruptcy Issues Series: Understanding the Issues That Can Arise During Judgment Enforcements

ISBA Members: Use your 15 hours of Free CLE credits to order this program –
just use the green button next to the “Add to Cart” button below!
Presented by the ISBA Commercial Banking, Collections, and Bankruptcy Section


1.50 hour MCLE credit


Original Program Date: Tuesday, December 17, 2024
Accreditation Expiration Date: ­­­­­­­­­­­­­­­­­­­­­­­­­January 28, 2027 (You must certify completion and save your certificate before this date to get MCLE credit)


Join us for Part 1 of this three-part series as we discuss collections in bankruptcy, the issues that can arise in post-judgment collections, and potential resolutions to the conflicts your clients may face. Attorneys with intermediate practice experience who attend this online program will better understand the bankruptcy and collection process, as well as the options that are available to creditors when a debtor files bankruptcy, including actions seeking to dismiss the bankruptcy, deny discharge to the debtor, or file an adversary complaint against the debtor.


Program Coordinator:
Samuel H. Levine, Downey & Lenkov LLC, Chicago

Program Moderator:
Julia Jensen Smolka, Robbins DiMonte, Park Ridge

Program Speakers:
Nathan Lollis, Law Offices of Nathan Lollis, LLC, Chicago
Laxmi P. Sarathy, Klein, Daday, Aretos & O’Donoghue, Schaumburg


Pricing Information

  • Please Note: You must attend the entire program in order to earn MCLE credit for this seminar.
  • ISBA sponsoring section members get a $10 registration discount (which is automatically calculated in your cart when you log in to register).
  • Fees:
    • ISBA Member Price of $52.50 is displayed below when you login and program is eligible for Free CLE member benefit.
    • Non-Member Price $105
    • New Attorney Member (within the first five years of practice) - $25
    • Law Students – Free

60 Artificial Intelligence Tips in 60 Minutes

ISBA Members: Use your 15 hours of Free CLE credits to order this program –
just use the green button next to the “Add to Cart” button below!
Presented by the ISBA Standing Committee on Artificial Intelligence & the Practice of Law
Co-sponsored by ISBA Standing Committee on Legal Technology and ISBA Privacy and Information Security Section


1.0 hour MCLE credit, including 1.0 hour Professional Responsibility MCLE credit in the following category: Professionalism, Civility, Legal Ethics, and Sexual Harassment Prevention credit


Original Program Date: Friday, December 13, 2024
Accreditation Expiration Date: ­­­­­­­­­­­­­­­­­­­­­­­­­January 15, 2027 (You must certify completion and save your certificate before this date to get MCLE credit)


Join us for this entertaining and educational session focused on the safe and efficient use of artificial intelligence in your practice. Our presenters will give you 60 rapid-fire practical tips and tricks for using several popular artificial intelligence tools and techniques in your daily workflow. Topics include: ChatGPT, privacy and security issues to be aware of, tech support, and more.

Program Speakers:
Aaron W. Brooks, Brooks Law and Consulting, LLC, Naperville
Bryan M. Sims, Sims Law Firm, Ltd., Naperville


Pricing Information

  • Please Note: You must attend the entire program in order to earn MCLE credit for this seminar.
  • ISBA sponsoring section members get a $10 registration discount (which is automatically calculated in your cart when you log in to register).
  • Fees:
    • ISBA Member Price of $35 is displayed below when you login and program is eligible for Free CLE member benefit.
    • Non-Member Price $70
    • New Attorney Member (within the first five years of practice) - $25
    • Law Students – Free