Daily v. Midamerica Bank Trust Co.

5 Citing cases

  1. In re Acme Metals Incorporated

    Case No. 98-2179 (MFW) through 98-2184 (MFW) (Jointly Administered) Adversary No. A-00-351 (Bankr. D. Del. Aug. 28, 2000)   Cited 3 times

    Raytheon asserts, however, that where substantial work is necessary to complete the contract beyond the stated completion date, that date may be extended thereby extending the deadline to file a mechanic's lien. See, e.g., DuPage Bank Trust Co. v. DuPage Bank Trust Co. as Trustee, 462 N.E.2d 25, 29 (Ill.App.Ct. 1984). Where additional work is requested by the owner, the deadline is extended even if the additional work is insubstantial. See, e.g., Daily v. Mid-America Bank Trust Co., 474 N.E.2d 788, 790-91 (Ill.App.Ct. 1985) (four hours' additional work at owner's request extended deadline). However, the cases cited by Raytheon are not applicable to the section at issue.

  2. IN RE PAK BUILDERS

    Case No. 00-82412; Adv. No. 00-8145 (Bankr. C.D. Ill. Mar. 15, 2002)

    Accordingly, this Court holds that GINGERICH'S mechanics liens on Lots 146, 193, and 194 are invalid as secured claims. Case law interpreting the current Illinois Mechanics Lien statute and its predecessors has been remarkably consistent, as this interpretation can be found largely unchanged in multiple cases, e.g., Daily v. Mid-America Bank and Trust Co. of Carbondale, 130 Ill. App.3d 639, 474 N.E.2d 788, 830-31, 85 Ill. Dec. 828 (5th Dist. 1985); Components, Inc. v. Walter Kassuba Realty Corp., 64 Ill. App.3d 140, 381 N.E.2d 42, 45, 21 Ill. Dec. 107 (2nd Dist. 1978), dating as far back as W.G. Wood Co. v. Nysewander, 187 Ill. App. 354 (1914). This Opinion constitutes this Court's findings of fact and conclusions of law in accordance with Federal Rule of Bankruptcy Procedure 7052.

  3. In re T. Brady Mechanical Services Inc.

    133 B.R. 441 (Bankr. N.D. Ill. 1991)   Cited 13 times
    Holding that hypothetical lien creditor can defeat an equitable lien

    This is not our situation. In Daily v. Mid-America Bank Trust, 130 Ill.App.3d 639, 85 Ill.Dec. 828, 474 N.E.2d 788 (1985), the plaintiff fixed two doors that had been properly installed, and then vandalized. However, in finding that the date of this repair was the date of completion for lien purposes, the court placed great importance on the fact that while initially hired for a limited purpose, the plaintiff subsequently became a general purpose contractor for the owners.

  4. State Bank v. Winnetka Bank

    614 N.E.2d 862 (Ill. App. Ct. 1993)   Cited 15 times
    Recognizing that the effective date of a mechanic's lien claim is the date of the contract, the effective date of a mortgage is the date the mortgage was recorded, and that priority between the two is determined based on a comparison of those dates

    We note that the object and purpose of the Act is to protect those who in good faith furnish material or labor for the construction of a building. ( Daily v. MidAmerica Bank Trust Co. (1985), 130 Ill. App.3d 639, 641.) 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 lien depends and is not used to invalidate a lien which had properly attached.

  5. Milligan Steel Erec. v. Garbe Iron Works

    486 N.E.2d 945 (Ill. App. Ct. 1985)   Cited 2 times
    Stating that whether a party has substantially performed is a question of fact

    • 2 Where the contract or the extra or additional work is not completed, the significant date for timely notice is the last date on which work is performed for which the lien is claimed. Daily v. Mid-America Bank Trust Co. (1985), 130 Ill. App.3d 639, 474 N.E.2d 788, 790, citing Components, Inc. v. Walter Kassuba Realty Corp. (1978), 64 Ill. App.3d 140, 381 N.E.2d 42. On the face of the notice of claim served January 15, 1980, Milligan asserts that all work, for which its lien in the amount of $95,044.43 is claimed, was completed on October 16, 1979. (Clearly, January 15 was the 91st day after October 16.) Thereafter, Milligan's statement of claim for mechanic's lien dated February 14, 1980, was filed with the Will County recorder of deeds claiming completion of the job, including extras, on October 23, 1979.