Illinois Appellate Court Finds that Lack of Sworn Statement Defeats General Contractor's Mechanics Lien Claim

March 13, 2014
Matthew Horn
SmithAmundsen Construction Alert


Practice Areas


On March 7, 2014, the First District Appellate Court of Illinois affirmed a Cook County Court’s ruling in Cityline Construction Fire and Water Restoration, Inc. v. Roberts, et. al., 2014 IL App. (1st) 130730, granting summary judgment to a homeowner on a general contractor’s mechanics lien claim due to the general contractor’s failure to provide the homeowner with a sworn statement identifying its subcontractors and suppliers, as required by Section 5 of the Illinois Mechanics Lien Act, after the homeowner requested the sworn statement. In ruling for the homeowner, the Court found that the provisions of the Act, including Section 5, must be strictly construed, and that the general contractor’s failure to strictly adhere to the provisions included in Section 5 of the Act precluded it from recovering on its mechanics lien claim. Notably, the Court allowed the general contractor’s breach of contract claim against the homeowner to move forward.

The Court’s ruling in Cityline further underscores the need to strictly adhere to all provisions in the Act when pursuing a mechanics lien claim, including Section 5 of the Act requiring that contractors provide owners with proper sworn statements identifying their subcontractors and suppliers. Should you have any questions, comments, or concerns regarding the Court’s ruling in Cityline, the Act, or mechanics lien in general, please contact us.