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publication: Chicago Daily Law Bulletin

January 19, 2009 Monday

A plumbing subcontractor did not commit constructive fraud when it filed separate liens on two parcels of property, each for the total amount due, the 1st District Appellate Court has held. The court's ruling came in a lawsuit by Springfield Heating and Air Conditioning Inc. against property owner Oakwood LLC and general contractor Southeast Contractors LLC to foreclose on its mechanic's liens. According to the opinion, Springfield provided plumbing services for two parcels owned by Oakwood, at 3947-55 S. King Dr. and 401-415 E. Oakwood Blvd. "Instead of prorating and allocating a portion of the total amount due to each of the two parcels of property, Springfield filed a separate lien on both parcels of property for the total amount outstanding resulting in the appearance that each parcel was encumbered for more than the amount outstanding," wrote Justice Michael J. Gallagher.