Legal malpractice clock burns subcontractor over lien filing

Commercial Litigation

By Paul B. Porvaznik

Paul B. Porvaznik is an attorney at Kanaris, Stubenvoll & Heiss P.C. and practices primarily in the areas of commercial litigation, landlord-tenant law, mechanic’s liens and post-judgment enforcement.

Posted January 25, 2019 3:24 PM

In Construction Systems Inc. v. FagelHaber LLC, 2019 IL App (1st) 172430, the 1st District Appellate Court affirmed the time-barring of a subcontractor’s legal malpractice suit stemming from a flubbed mechanic’s lien filing.Approximately a month after a lender recorded its mortgage on a commercial project, the law firm defendant, then representing the plaintiff contractor, served a Section 24 notice (the Illinois mechanic’s lien act provision that governs subcontractor liens — 770 ILCS 60/24) on the …

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