We achieved a great outcome for a designer and fabricator of panels and trusses in a complex mechanics lien case. Our specialty subcontractor client provided over $1 million in materials to a townhome development but remained unpaid. The property owner, trying to force our hand, issued a demand letter requiring us to sue within 30 days under Section 34 of the Illinois Mechanics Lien Act. Accepting this challenge, we filed a comprehensive lawsuit asserting claims for breach of contract, unjust enrichment, violations of the Mechanics Lien Act, and seeking foreclosure of the mechanics lien. The owner responded with a robust motion to dismiss, contesting the mechanics lien’s validity on several grounds. Our firm successfully countered these arguments, demonstrating the owner’s misinterpretation of the Mechanics Lien Act, their awareness of the outstanding debt, and their substantial control over our client’s work. We also established a clear chain of contracts and argued they should be estopped from relying on any property description confusion they created. This aggressive and successful litigation strategy generated leverage, leading to a favorable mediated settlement before a former state court judge with mechanics lien expertise, maximizing our client’s recovery while avoiding trial.
