Howard Turner is Of Counsel with SmithAmundsen where he concentrates his practice in mechanics liens, construction, and related transactional and litigation matters. An accomplished litigator, Howard has been actively involved in mechanics lien and construction transactions and litigation for the past 40 years and is a member of the Mechanics Lien Division of the Circuit Court of Cook County’s Voluntary Arbitration Panel.
Two of the matters Howard successfully handled resulted in significant changes in construction law. Limperis v. Material Service Corp. established that payments to subcontractors under “direct pay” agreements between the owner, contractor, and subcontractor are protected against claims of Trustees in Bankruptcy. In referring to this matter in Mechanics Liens in Illinois (Illinois Institute for Continuing Legal Education, 2007), the author complimented Howard on his aggressiveness in representing his clients and the comprehensiveness of arguments. In In re H.G. Prizant & Co., he succeeded in imposing a lien on funds in a bankruptcy estate based on his client’s mechanics lien claim using several unique and unusual arguments. As a result of this case, Chicago Title and Trust Company revised its lien waiver forms to specifically waive liens on funds due the contractor.
Howard was chosen to serve on a select committee of the Chicago Bar Association to prepare amendments to update the 1903 Illinois Mechanics Lien Act. He was a draftsman of the 2005 amendments adopted by the Legislature and is the author of an Illinois Bar Journal article explaining the amendments to the legal profession. Howard also served on the committee that prepared the 2006 revision of Section 23 of the Mechanics Lien Act.
Howard is a charter member of the Society of Illinois Construction Attorneys (SOICA), an invitation-only group limited to Illinois attorneys who write, teach, and otherwise contribute to the development and understanding of construction law.
In addition to his practice, Howard has co-authored three chapters in the Illinois Institute for Continuing Education’s publication Mechanics Liens in Illinois and is the author of two chapters in IICLE’s Illinois Construction Law on contract formation and damages. Howard is also the author of a pamphlet entitled How to be a Subcontrator and Not Go Broke. Howard has received an AV rating from Martindale-Hubbell for his legal ability and ethics.