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Chicago Mechanics Lien Blog

• Sworn Statements? Sub-Contractors Beware!
  Section 5 of the Mechanics Lien Act requires a contractor to provide an Owner with a written statement “under oath or verified by affidavit, of the names and addresses of all parties furnishing materials and labor and of the amounts due or to become due to each” before the owner is required to pay. 770 [...] […]
• Prepare for the Worst: LEED De-Certification
  A new change to the US Green Building Council’s LEED certification process should put Chicago-area construction companies and developers on notice that their mechanics liens concerns may have increased.  The USGBC’s new note indicates that certification may be revoked from any LEED project upon the USGBC’s gaining knowledge of noncompliance with any minimum […]
• Green Building Mechanics Lien Suits Begin
  As more and more building projects involve LEED Certification and green building practices, it is not surprising that green mechanics lien lawsuits and green construction lawsuits start to emerge.  Most green building developments involve some kind of funding and financing incentive for project designers and constructors to employ green building practices th […]
• Are Lien Waivers Enforceable?
  Construction contracts sometimes include a provision called a lien waiver that attempts to get a contractor or subcontractor to waive their rights to file a mechanics lien against the property.  Some construction companies may argue that a lien waiver is a valid part of the contract.  However, Illinois law disagrees. Under Illinois law, courts regularly will […]
• Welcome to the Chicago Mechanics Lien Blog
  This blog will discuss relevant news, practice tips, and suggestions for improving contractors’ abilities to protect their rights for work performed on commercial and residential properties in Chicago and Illinois. […]

Chicago Litigation Blog

• Employee Misclassification Protection Act of 2010 (EMPA)
  On April 22, 2010, Ohio Senator Sherrod Brown introduced the new Employee Misclassification Protection Act (EMPA). The EMPA was set forth to prevent and penalize employers from misclassifying employees as independent contractors. Some employers have been knowingly classifying some employees as independent contractors to avoid federal and state payroll taxes. […]
• Mediation Options for Condominium Properties
  Loberg Stevens LLC’s Chicago condominium law attorneys have begun learning more about new approaches to condominium management.  In an effort to determine new methods that may help clients solve condominium disputes, it may be beneficial for associations to consider mediation and alternative dispute resolution as options for solving disputes between the boar […]
• Chicago Condominium Association Sues to Curb Bed and Breakfast in Unit
  An interesting lawsuit appeared over the summer that merits some discussion.  In this suit, available here, a Chicago condominium association lawsuit has been filed against a unit owner renting her unit out as as bed and breakfast. Many unit owners in Chicago rent their units as investment properties, but this is quite different.  Generally, a condo [...] […]
• Chicago Woman Awarded $5 Million for Unnecessary Hysterectomy
  A Chicago woman was recently awarded $5 million by a jury for a doctor’s error.  The doctor performed a hysterectomy after a cesarean section.   The Chicago personal injury and medical malpractice lawsuit involved experts that disagreed with the doctor’s diagnosis that a hysterectomy was necessary.   The jury deliberated for four hours before awarding [...] […]
• Fatal CTA Accident on Chicago’s South Side
  Though most Chicagoans use the CTA day in and day out, there are occasionally tragic CTA accidents that may occur.  Many of these accidents lead to a CTA injury lawsuit.  In this case, a man was killed in a CTA accident on Chicago’s South Side.  According to the reports, the information is unclear following the [...] […]
• Who’s Been Raiding Your Company: Ways to Enforce a Business’s Rights When Other Companies Entice Away Your Employees
  Much is said on this blog about the rights of individual plaintiffs to seek justice when they have been wronged. Businesses have very important rights too and are often empowered under the law to seek their rights to recovery when another company interferes. Businesses often regulate their employer-employee relationships with employment contracts that contai […]
• Enforcing Your Rights in Consumer Breach of Warranty Lawsuits
  People use a variety of products each day, in the home, at school, at work, and even while we sleep. All of the various products we encounter in daily life usually have some kind of a warranty, either express or implied, in their use and operation. Most people are familiar with warranties when [...] […]
• What do to about Unfair Debt Collection and Debt Collector Harassment?
  Under the Fair Debt Collection Practices Act, consumers have protections from unfair actions by debt collectors and debt collection agencies. The law provides that consumers may file a consumer protection lawsuit or an unfair debt collection practice lawsuit to enforce their rights. Consumers who prevail in a lawsuit for unfair debt collection can obtain the […]
• Debt Collection Actions that Are Not Allowed: What Constitutes Unfair Practices?
  The Fair Debt Collection Practices Act protects consumers from unfair debt collection practices by setting limits on what collection agencies and debt collectors can and cannot do. Under the law, debt collectors are not allowed to harass debtors when they attempt to collect. Specific situations may vary, but the touchstone for improper conduct is that [...] […]
• Fighting Back Against Debt Collection Practice and Debt Collectors
  As many Illinoisans and Chicagoans face uncertain financial times, more and more people are receiving communications regarding their consumer debts. Everyone should know that there are federally-imposed limits on debt collectors and debt collection agencies that protect consumers from fraud and unfair practices. The Fair Debt Collection Practices Act (FCPA) […]