Technical Non-Compliance Voids Mechanic’s Lien

//Technical Non-Compliance Voids Mechanic’s Lien

Technical Non-Compliance Voids Mechanic’s Lien

A case that underscores the importance of careful compliance with the Mechanics Lien Act by any contractor or subcontractor attempting to assert a lien was recently decided by the Illinois Appellate Court. In Cityline Construction v. Roberts, the Illinois Appellate Court invalidated a mechanics lien based upon non-compliance with the Illinois Mechanics Lien Act, despite the fact that the non-compliance was strictly technical and caused no prejudice to the property owner. The plaintiff in that case was a builder who sought to foreclose a mechanics lien against property upon which the plaintiff had performed fire-restoration services. In his mechanic’s lien filing, he submitted pay applications but failed to submit a sworn contractors statement as required by Section 5 of the Act, and also failed to comply with requests to do so. The defendants sought summary judgment and the trial court held the lien invalid; the appellate court affirmed. The court based its decision on long-standing principles that require strict compliance with the Mechanics Lien Act, and held that even technical non-compliance invalidated the lien.

By |2018-06-13T18:03:44+00:00June 4th, 2014|Business Services|0 Comments