David A. Dick | Thompson Coburn LLP | December 2, 2016 The Illinois Court of Appeals’ recent decision in AUI Construction Group, LLC v. Vaessen highlights the need for careful planning in structuring development agreements, construction contracts, and the use of an easement as opposed to a lease. The appeal in AUI Construction Group addressed… Continue reading Court Rejects Contractor’s Mechanic’s Lien Because Of ‘Intent’
Tag: mechanics lien
New Tool for Illinois Property Owners and Lenders to Remove Mechanics Liens
William J. Dorsey and Daniel J. Elrod | Katten Muchin Rosenman LLP | January 15, 2016 Introduction The Illinois Mechanics Lien Act has long served as a powerful collection mechanism for Illinois contractors and material suppliers that provide labour or materials for the construction of improvements to real property.(1) The act permits them not only… Continue reading New Tool for Illinois Property Owners and Lenders to Remove Mechanics Liens
General Contractors Beware of Subordination Clauses
Amy M. Anker, Esq. | Construction Chaos | December 10, 2014 In California, a general contractor can usually rest assured that in the event of nonpayment, it can rely upon the remedy of a mechanics lien, which remedy is, in fact, even a constitutional right. The priority rights accorded to mechanics liens are strong. For example,… Continue reading General Contractors Beware of Subordination Clauses
Bankruptcy by the Developer/Owner: Mechanics Lien Rights may still Prevail!
John W. Kim | Nossaman LLP | October 24, 2014 The rate of bankruptcies among construction industry participants is higher than some think. The bankruptcy of a developer creates an “automatic stay” under federal law preventing almost all collection activities, including actions to perfect a lien. However, there are unique exceptions to the automatic stay… Continue reading Bankruptcy by the Developer/Owner: Mechanics Lien Rights may still Prevail!
Subcontractor Claims: What can you do once your General Contractor Files Bankruptcy?
Vicki R. Harding – Pepper Hamilton LLP – September 30, 2014 Branch Banking & Trust Co. v Construction Supervision Services, Inc. (In re Construction Supervision Services, Inc.), 753 F.3d 124 (4th Cir. 2014) – After a general contractor filed bankruptcy, several of its subcontractors requested clarification from the court about whether they could file notices post-petition to… Continue reading Subcontractor Claims: What can you do once your General Contractor Files Bankruptcy?