Westcon/Dillingham Microtunneling v. Walsh Constr. Co., 747 N.E.2d 410 (Ill. App. Ct. 2001). · cites it 2ד" 770 ILCS 60/39 (West 1998). Nevertheless, because the rights created are statutory and in derogation of common law, the technical and procedural requirements necessary for a party to invoke the protection of the Act must be strictly construed.”
Bale v. Barnhart, 798 N.E.2d 750 (Ill. App. Ct. 2003). · cites it 2ד" 770 ILCS 60/39 (West 2000). Once a plaintiff has complied with the procedural requirements upon which a right to a lien is based, the Act should be liberally construed in order to accomplish its remedial purpose.”
Tefco Constr. Co. v. Cont'l Cmty. Bank & Trust Co., 829 N.E.2d 860 (Ill. App. Ct. 2005). “” 770 ILCS 60/39 (West 2002). The circuit court granted the defendants’ motion for summary judgment on April 19, 2004.”
Petroline Co. v. Advanced Env't Contractors, Inc., 711 N.E.2d 1146 (Ill. App. Ct. 1999). “” 770 ILCS 60/39 (West 1996). Courts have reconciled these two precepts by holding that the rule of strict construction applies to the requirements upon which the right to a lien depends but that, once a lien has properly attached, liberal construction applies.”
Raymond Prof'l Grp., Inc. v. William A. Pope Co. (In Re Raymond Prof'l Grp., Inc.), 408 B.R. 711 (Bankr. N.D. Ill. 2009). “2d 1146, 1149 (1999) (citing 770 ILCS 60/39). Those principles have been reconciled as follows: “The statute is strictly construed as to the requirements which bring one within the statute, but this strict construction applies only to the requirements upon which the right to a…”
Fleissner v. Fitzgerald, 937 N.E.2d 1152 (Ill. App. Ct. 2010). “770 ILCS 60/39 (West 2008). The Mechanics Lien Act does not reference the Act or otherwise distinguish between a contractor and those contractors that are in the business of home repair or remodeling.”
North Shore Cmty. Bank & Trust Co. v. Sheffield Wellington, LLC, 2014 IL App (1st) 123784 (Ill. App. Ct. 2014). “¶ 87 Finally, we note that while defendants’ arguments are identical in that both Bluewater and Premier were untimely in complying with the Act, defendants technically claim that Bluewater and Premier were untimely under different provisions of the Act.”
North Shore Cmty. Bank & Trust Co. v. Sheffield Wellington, LLC, 2014 IL App (1st) 123784 (Ill. App. Ct. 2014). “¶ 87 Finally, we note that while defendants’ arguments are identical in that both Bluewater and Premier were untimely in complying with the Act, defendants technically claim that Bluewater and Premier were untimely under different provisions of the Act.”
Norman A. Koglin Assocs. v. Valenz Oro, Inc., 659 N.E.2d 971 (Ill. App. Ct. 1995). “(735 ILCS 5/1 — 106 (West 1992); 770 ILCS 60/39 (West 1992); First Federal Savings & Loan Association v.”
Burrink Com. Servs. v. New Life Covenant Church, 2024 IL App (1st) 220778-U (Ill. App. Ct. 2024). “3d at 759 (citing the statute now found at 770 ILCS 60/39 (West 2018) (“This act is and shall be liberally construed as a remedial act.”
Weston/Dillingham Microtunneling v. Walsh Constr. Co. of Illinois (Ill. App. Ct. 2001). “" 770 ILCS 60/39 (West 1998). Nevertheless, because the rights created are statutory and in derogation of common law, the technical and procedural requirements necessary for a party to invoke the protection of the Act must be strictly construed.”
Bale v. Barnhart (Ill. App. Ct. 2003). “" 770 ILCS 60/39 (West 2000). Once a plaintiff has complied with the procedural requirements upon which a right to a lien is based, the Act should be liberally construed in order to accomplish its remedial purpose.”
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