In the late 70’s and 80’s, there were a number of cases that came down addressing and analyzing a situation where tenants entered into a contract for improvements to the real property and subjected, or almost subjected (depending on how the court ruled), the landlord’s property to a mechanic’s lien. The analysis at that time […]
Unlawful Act or Practice Definition Authority Deception “Deception is any method, act, use, practice, advertisement or solicitation that has the tendency or capacity to mislead, deceive or cheat, or that tends to create a false impression.–Reliance, actual deception, knowledge of deception, intent to mislead or deceive, or any other culpable mental state such as recklessness
For additional information regarding Missouri Mechanic’s Liens click here. TIMING Must be filed within six months after the indebtedness accrues Indebtedness accrues on the last day work is performed “A subcontractor cannot, after the termination of an account, extend the mechanic’s lien filing time by rectifying some fault of his in performing the contract.” S
General Construction Law Questions What is the required compliance with Illinois Contracts for the Construction of Buildings? Substantial or Strict Compliance? Illinois Courts have held that: “persons contracting for the construction and erection of monuments to perpetuate the memory and mark the resting place of their dead are entitled to insist upon a strict compliance
A mechanic’s lien is an incredible collection tool. It gives subcontractors the ability to collect even if there was no direct contract with the owner (note: the subcontractor’s lien rights are more limited in Missouri when dealing with residential property, as discussed below). Once a lien attaches, it is incredibly difficult to remove from the
This article was intended to answer frequently asked questions about Mechanic’s liens in the state of Illinois. The questions contained herein range from the basic essentials of lien filing to a fairly complex discussion of Illinois case law. In preparing this article, numerous sources have been used, all of which have been cited throughout the
Have you ever read through a contract and afterwards wondered to yourself what you just read? Contracts are often rife with boilerplate provisions that usually have little or no significance to the average person. The common response is that this is a bunch of legal jargon—that’s why I hired a lawyer. The lawyer is supposed
Are you looking to buy or sell a home? Are you a real estate agent assisting someone with purchasing or selling a home? Are you prepared to go to court after the closing? Given the complexity of Missouri real estate laws and the inordinate amount of issues that can arise, buyers, sellers, and real estate
Types of Contracts in Missouri Our attorneys are experienced in handling a variety of different matters relating to contracts. To give our clients an idea of how we can assist them with their contract needs, we have prepared a list of the contractual agreements that we have litigated or prepared for clients in the past.
