Appellate Court Says Mechanics Liens Must be Enforced Against All “Known” Necessary Parties
In Illinois, the Mechanics Lien Act, (Act) (770 ILCS 60/et seq.) provides remedies and protections for a variety of parties. Mechanics liens are not recognized at common law and are created by statute. Therefore, strict compliance with all of the many terms and conditions of the Act are required. This fact was recently reinforced by the Illinois First District Appellate Court in CB Construction & Design, LLC v. Atlas Brookview, LLC (2021 IL App (1st) 200924) where it affirmed the trial court’s dismissal of a mechanic’s lien count for failure to name a necessary party within 30 days of a Section 34 demand to commence suit.
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In Illinois, the Mechanics Lien Act, (Act) (770 ILCS 60/et seq.) provides remedies and protections for a variety of parties. Mechanics liens are not recognized at common law and are created by statute. Therefore, strict compliance with all of the many terms and conditions of the Act are required. This fact was recently reinforced by the Illinois First District Appellate Court in CB Construction & Design, LLC v. Atlas Brookview, LLC (2021 IL App (1st) 200924) where it affirmed the trial court’s dismissal of a mechanic’s lien count for failure to name a necessary party within 30 days of a Section 34 demand to commence suit.
Full Article Below:
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