N&L's Friedman Successful in Appellate Matter

Neal & Leroy is proud to announce that Partner and Managing Member Richard F. Friedman successfully defended on appeal a challenge to the lien protections afforded public bodies on public construction projects.  The case involved a dispute between a subcontractor and general contractor constructing a public building for our client. The subcontractor sued the municipal body and its construction manager to recover its fees under Section 23 of the Illinois Mechanics Lien Act (“Section 23”), which provides that subcontractors may have lien against construction funds if they are unpaid by the prime contractor. But Section 23  is silent on awarding interest and attorneys’ fees. The plaintiff was able to enforce its lien to recover its unpaid  subcontractor fees but filed an additional complaint seeking prejudgment interest and attorneys’ fees in on top of its award. The Circuit Court held that Section 23 did not allow prejudgment interest or attorneys’ fees. The First District Appellate Court affirmed and upheld the limited nature of Section 23 and the established law that Section 23 is distinct from private liens and does not permit awarding prejudgment interest and attorneys’ fees. This case eliminated the possibility of deviating from this principle. Mr. Friedman wrote the Appellate Court brief. Concrete Structures/Sachi v. Clark/Bulley/OVC/Power, 2023 IL App (1st) 230015-U.