Mechanic's Lien Act and the Taxing of Attorney Fees (Illinois)

By Matthew A. Quick The court in the case of Action Plumbing Company, Inc v Bendowski held that a subcontractor's attorney fees cannot be taxed on subsequent purchasers of homes by including attorney fees in foreclosure actions, in violation of Mechanics Lien Act. The court stated that it was taxing attorney fees as against allegedly bankrupt developer, the developer had defaulted and thus was not in a position where it had to pay attorney fees to avoid any loss of interest.