Reas has been a commercial litigator since his admission to the Illinois Bar in 2005. Reas primarily represents businesses in real estate, construction, and contract disputes. Reas is also an experienced class action attorney, having represented clients in several cases involving business torts. Reas is experienced in all phases of commercial litigation, including trials and appeals, arbitration and mediation. Reas’s experience is wide-ranging and includes defending a Fortune 500 financial institution before the Seventh Circuit Court of Appeals and representing clients in the prosecution and defenMore...More...
After you 30-day demand to file suit expires (which is a Section 34 Demand under the Illinois Mechanics Lien Act) and suit is not filed, you'll next send a Section 35 Demand, which obligates the contractor to release the lien within 10 days. If the contractor does not comply, Section 35 of the Act allows you to file suit and obtain both your attorney fees incurred in getting the contractor to release the lien and a $2,500 statutory penalty.See More...
If this is in Illinois, you should send a demand, under Section 34 of the Illinois Mechanics Lien Act, demanding that the contractor either file a lawsuit within 30 days, or their lien will be released. Also tell the contractor in that letter that, if they pursue their lien, you will file a counterclaim for slander of title, due to their lien being knowingly overstated. If they do not act within the 30-day deadline provided by Section 34 of the Illinois Mechanics Lien Act, you sSee More...See More...