Background
Five Star Painting contracted to paint Sheldon Lustig’s residence for $18,435. Lustig paid about half but withheld the balance, alleging deficient painting and damage to a powder room. Five Star sued for breach of contract; Lustig counterclaimed for breach of contract and alleged that Five Star failed to timely release its mechanics lien.
After a bench trial, the Cook County circuit court credited Five Star’s witnesses, found Lustig not credible, and awarded Five Star $9,217.50 plus interest, costs, and attorney fees. It also dismissed Lustig’s lien-release counterclaim even though Five Star recorded a release more than 10 days after Lustig’s written demand.
The Court’s Holding
The appellate court affirmed the contract rulings. The evidence supported the trial court’s finding that Five Star performed in a workmanlike manner and that Lustig breached by not paying the final invoice. The court deferred to the trial judge’s credibility findings and found no basis to disturb the exclusion of Lustig’s photographs on the incomplete appellate record.
The court reversed dismissal of the Mechanics Lien Act claim. Section 35 makes a lien claimant liable for $2,500, costs, and reasonable attorney fees when it neglects for 10 days after written demand to acknowledge satisfaction or release of a lien. Because the statute’s “shall be liable” language and stated consequence require strict compliance, Five Star’s later release did not defeat Lustig’s claim merely because it was filed before he sued or because he alleged no separate damages.
Key Takeaways
- A bench-trial judgment supported by evidence and credibility determinations will not be reversed merely because conflicting evidence exists.
- Under section 35 of the Illinois Mechanics Lien Act, the 10-day deadline to release a forfeited lien after written demand is mandatory.
- Five Star may seek reasonable appellate attorney fees in the trial court under the contract’s prevailing-party provision.
Why It Matters
The decision enforces the Mechanics Lien Act’s express deadline for clearing a lien from an owner’s title. A lien claimant cannot avoid the statutory consequence by recording a release after the 10-day period but before the owner files suit.
The case was resolved by a nonprecedential Rule 23 order, subject to the limited circumstances in which such orders may be cited.