Don't Forget to Apportion a Lien Filed Against a Condo Association
Pepper Construction Company is being sued for its work constructing the high-rise condo building over at 720-726 Randolph in Chicago. The complaint alleges multiple counts including:
- Delays on the project
- Faulty workmanship
- Slandering the title to the land
- Breach of warranty
- Breach of their contract with the owner
- And fraudulent concealment of defective work
This may be the first in a series of suits over this property, the City View Tower.
Starting on page 23 of the complaint, you’ll see an interesting claim regarding the mechanic’s lien and its something worth noting if you’re either involved in the construction of condominium projects (high-rise or not) or if you’re developing them. There are multiple cases presently before the courts regarding this issue. The Condominium Property Act requires that mechanic’s liens be apportioned – Section 9.1. So, in addition to making sure the strict timing requirements of the Mechanic’s Lien Act are followed, anyone seeking to file their lien against a condominium property (any property where the condominium declaration has been recorded) should familiarize themselves with Section 9.1 before filing.
