

Constructive Fraud In Mechanics Lien: Why the Contractor Must Accurately State Its Completion of Wor
A recent Illinois case (Father & Sons Home Improvement II, Inc. v. Stuart, 2016 IL App (1st) 143666) starkly illustrates the negative ramifications of inflating a mechanics lien or of misstating the completion date of construction work. The contractor in that case not only had its lien defeated but it also had to pay over $40K in the property owner’s and lender’s attorneys’ fees. The basis for the court’s ruling was the constructive fraud concept. The purpose of the Illinois