Mechanic's Liens and Notaries (Illinois)

By Matthew A. Quick In light of the holding in Weydert Homes, Inc v Kammes, No. 2-08-0768, a contractor's statement under oath is not sufficient to fulfill the requirements of the Mechanic's Lien Act if it does not contain a notary's signature and seal. The failure to secure a notary's signature and seal renders a mechanic's lien invalid in an action to foreclose, but does not prohibit contractor from suit for breach of contract or quantum meruit recovery.