Can a Contractor File for Recovery Under a Mechanics Lien If Homeowners Fail to Pay the Dues of An Oral Contract ?
In Central Illinois Electrical Services, L.L.C, v. Slepian, 358 Ill. App. 3d 545, 550, 831 N.E.2d 1169, 1173, 294 Ill. Dec. 844 (2005), a contractor filed a complaint to foreclose a mechanic's lien against homeowners, alleging that they failed to pay for labor and materials the contractor provided under an oral contract.
The homeowners raised an affirmative defense, alleging that because the contractor violated the Act, the oral contract for services was void, and, therefore, could not form the basis of recovery under a mechanic's lien.
The trial court found in favor of the contractor.
This court disagreed, stating:
"The trial court erred in concluding the Act did not apply in the instant case, and the court should now hear any claims that were dismissed on that basis." Slepian, 358 Ill. App. 3d at 550, 831 N.E.2d at 1173.
We reversed and remanded the trial court's decision. Slepian, 358 Ill. App. 3d at 550, 831 N.E.2d at 1173.