Mechanic’s lien defeated where contractor failed to provide affidavit

Commercial Litigation

By Paul B. Porvaznik

Paul B. Porvaznik is a business litigation attorney at Molzahn, Rocco, Reed & Rouse LLC and practices primarily in the areas of commercial litigation, landlord-tenant law, mechanic’s liens and post-judgment enforcement.

Posted January 29, 2015 2:58 PM

A recent 2nd District Appellate Court case vividly illustrates the importance of diligent record-keeping on construction projects and the dire financial consequences that can flow from a failure to do so. It emphasizes how crucial it is for a contractor to comply with Section 5 of the Mechanic’s Lien Act, 770 ILCS 60/5 — the section that requires a contractor to give the owner a sworn statement that lists all persons providing labor and materials on a project. The plaintiff contractor in Pyramid …

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