Representative Matters

Bankrupt Subcontractor’s Invalid Mechanics Lien Bonded Over

We advised a general contractor on how to resolve an invalid mechanics lien claims filed by a defunct, bankrupt subcontractor against one of its projects, so the project owner could sell the property without our client being forced to pay the undeserving subcontractor. Because the subcontractor’s bankruptcy precluded the standard statutory lien bond process under Section 38.1 of the Illinois Mechanics Lien Act, we secured a “common law” bond, seldom used in Illinois, letting the property sale go forward and protecting our client and the property owner from liability.