Section Newsletters

Articles on Mechanics Liens

Don’t Lien on Me: Reprioritization of Mechanics Liens By Samuel H. Levine Real Estate Law, June 2021 Mechanics lien statutes are a delicate balance among the rights of owners, contractors, secondary subcontractors, and lenders.
‘Verify’ That Your Verification is Proper to Avoid a Potentially Fatal Defect in a Lien Claim By Adam Whiteman & Steven Mroczkowski Construction Law, May 2021 The Illinois Mechanics Lien Act is full of traps for the unwary.
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?
Keeping homeowners apprised of their rights under The Illinois Mechanics Lien Act By Adam B. Whiteman Construction Law, August 2017 Despite the protections provided in the Illinois Mechanics Lien Act, the Section 5 Contractors Sworn Statement is rarely used in a residential construction setting. The reason for this is that people (and attorneys) simply do not even know about it.
Removable trade fixtures, large and small, are generally not lienable: Illinois court holds no mechanics lien rights in 500-foot-tall Wind Energy System By Steven D. Mroczkowski Construction Law, August 2017 In general, removable trade fixtures are considered personal property not subject to claims under the Illinois Mechanics Lien Act. As made clear by the recent case of AUI Construction Group, LLC v. Vaessen, this is true regardless of the size of the trade fixture.
New Ill. lien bond statute makes claim resolution easier By Samuel H. Levine Commercial Banking, Collections, and Bankruptcy, May 2016 Illinois is the last state to enact a lien bond statute. The new law is probably the most complicated lien bond statute and far more protective of lien claimants than those in other states.
Clarifying “the amount due from the owner to the contractor” under Section 30 of the Mechanics Lien Act: GX Chicago, LLC v. Galaxy Environmental, Inc. By Steve Mroczkowski & Thomas A. Christensen Commercial Banking, Collections, and Bankruptcy, March 2016 Are sub-subcontractors entitled to access the pool of funds owed to a general contractor by an owner? Are they limited in their recovery to funds available to their immediate contractor?
Implementing the bond as substitute security for a mechanics lien claim By Paul Peterson Construction Law, March 2016 Author Paul Peterson's article discusses implementing the bond, provides suggested forms and authorized sureties who can give a 770 ILCS 60/38.1 bond in Cook County, Illinois as of March 14, 2016.
Clarifying “the amount due from the owner to the contractor” under Section 30 of the Mechanics Lien Act: GX Chicago, LLC v. Galaxy Environmental, Inc. By Steve Mroczkowski & Thomas A. Christensen Construction Law, January 2016 Are sub-subcontractors entitled to access the pool of funds owed to a general contractor by an owner? Are they limited in their recovery to funds available to their immediate contractor?
1 comment (Most recent January 11, 2016)
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.
1 comment (Most recent July 19, 2015)
Contractor barred from re-recording mechanics lien By Jason Callicoat Construction Law, February 2015 In Oxford 127 Huron Hotel Venture, LLC v. CMC Organization, LLC, the First District Appellate Court held that a general contractor who recorded mechanics lien releases had forever given up its claims for any mechanics liens claims on the project.
Who do you think you’re dealing with? Implied contracts and the Illinois Mechanic’s Lien Act By Adam B. Whiteman Real Estate Law, January 2015 Recent cases demonstrate the importance of not only describing your client’s entity on your lien claim, but also accurately identifying the entity with whom your client contracted. But beware: This is not always as simple as it seems, especially when the entity with whom you contracted is no longer in business.
Lien Cuisine (Or not so lien cuisine): Recent tales from the construction site and 2014 developments in construction and mechanics lien law By Samuel H. Levine Commercial Banking, Collections, and Bankruptcy, December 2014 Recent cases of interest.
Lien Cuisine: Recent tales from the construction site and 2014 developments in construction and mechanics lien law By Samuel H. Levine Real Estate Law, December 2014 Recent cases of interest to real property practitioners.
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.
Adjacent property mechanics liens By Ken Cripe Construction Law, March 2014 A summary of the recent case of Lake County Grading Co. LLC v. Antioch.
The aftermath of Cypress Creek—How newly-enacted HB 3636 affects commercial mortgage lenders By Thomas M. Lombardo Construction Law, January 2014 A real-world example of exactly how the recent changes to the Mechanics Lien Act affect a commercial real estate foreclosure with post-mortgage mechanics liens.
The aftermath of Cypress Creek—How newly-enacted HB 3636 affects commercial mortgage lenders By Thomas M. Lombardo Commercial Banking, Collections, and Bankruptcy, December 2013 A real-world example of exactly how the recent changes to the Mechanics Lien Act affect a commercial real estate foreclosure with post-mortgage mechanics liens.
Illinois court: LLC member can file mechanics’ lien against property owned by that LLC By Paul B. Porvaznik Real Estate Law, December 2013 Peabody-Waterside Development, LLC v. Islands of Waterside, LLC examines the LLC-vs.- LLC-member distinction through the prism of a mechanics lien claim where the defendant LLC owns real property and is itself comprised of two separate LLCs, each holding a 50% interest  
New legislation gives mechanics lien claimants priority By Michael T. Nigro & 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.
Illinois Mechanics Lien Act, Section 16 as amended: Substantive change or clarification? By Lisa R. Curcio & Devin Girardi Bench and Bar, May 2013 The issue now confronting the mechanics lien bar is whether the amendment is a substantive change to the Act or merely a clarification of Section 16’s terms as they have always been understood and previously applied.
Up Cypress Creek: Mechanics liens get an inferiority complex By Eric Singer Commercial Banking, Collections, and Bankruptcy, February 2012 In a troubled economy, falling property values, undersecured construction lending and bad decisions by others can render mechanics liens losing propositions before the contractor even sets foot on the site.
Legislative update: Ten new Public Acts that affect general practice By J.A. Sebastian General Practice, Solo, and Small Firm, November 2007 The following is a summary of recent legislative action of interest to members of the ISBA General Practice, Solo, and Small Firm Section.
Lien cuisine and other construction delights By Samuel H. Levine Real Estate Law, April 2007 A lot has happened in the past three years in the area of construction law and mechanics liens.
Enforceability and perfection of mechanics liens in bankruptcy By Samuel H. Levine Commercial Banking, Collections, and Bankruptcy, October 2006 The Mechanics Lien Act (the “Act”) is a very technical act. It is technical in nature both as to the enforcement and perfection of claims for mechanics liens.
Equitable subrogation—Mechanics’ Lien Priority By Gregory A. Thorpe & Jeannie Ridings Real Estate Law, August 2006 Recently, in Lamb Excavation, Inc. v. Chase Manhattan Mortgage Corporation, the Arizona Court of Appeals decided that a refinancing lender may successfully assert the doctrine of equitable subrogation over the claims of mechanics’ lien claimants to obtain lien priority over the lien claimants.
Expansion of section 23 of the Mechanics Lien Act By Sirat K. Attapit Commercial Banking, Collections, and Bankruptcy, May 2003 In an opinion issued by the appellate court of Illinois for the First District, the court determined that over time, the legislature and case law have expanded the scope of section 23 of the Mechanics Lien Act (the Act) to include hauling and excavating as lienable activities.
Mechanics Liens and Lienable Acts By David J. Gerber Commercial Banking, Collections, and Bankruptcy, May 2003 Luise, Inc v. The Village of Skokie, et. al. and Berkeley Trucking v. The Village of Skokie, et. al. are cases that went to the Fifth Division Court of Appeals on a consolidated appeal earlier this year.
Automobile mechanic’s and/or garageman’s liens By G. Bradley Hantla General Practice, Solo, and Small Firm, January 2003 In the March, 2002 issue of the ISBA's General Practice newsletter, I authored an article dealing with automobile mechanic's and garageman's liens.
Mechanics Liens and lienable acts By David J. Gerber Local Government Law, January 2003 Luise, Inc v. The Village of Skokie, et. al. and Berkeley Trucking v. The Village of Skokie, et. al. are cases that went to the Fifth Division Court of Appeals on a consolidated appeal earlier this year.

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