773-899-0095 mas@schaevelaw.com

Real Estate and Construction Law

Construction and Development Projects

Schaeve Law Office, P.C. advises land owners, contractors, architects and engineers in the pre-acquisition, acquisition, development and construction of commercial properties and residential subdivisions.

Real Estate Closings

Schaeve Law Office, P.C. represents purchasers, sellers and brokers of single-family homes, condominium units, commercial properties and parcels of land.

Construction Disputes

Most of the time, the parties to a construction project are satisfied with the results. Occasionally, though, a material dispute can arise over the performance of a contract involving improvements to real estate. When pre-suit settlement proves impossible, a lawsuit may be the best – or only – course of action. Schaeve Law Office, P.C. represents contractors and owners of real estate who find themselves in a legal dispute relating to the development and construction of a residential or commercial property. Many construction defect disputes involve claims for negligent construction, mechanics lien foreclosure, breach of contract, breach of warranty, quantum meruit, and statutory claims like the Illinois Home Repair and Remodeling Act, 815 ILCS 513/1. Importantly, Schaeve Law Office, P.C. is also experienced in post-judgment enforcement measures such as citations to discover assets, wage deduction, garnishment, asset seizure, levies and lien foreclosure. The attorneys of Schaeve Law Office, P.C. have experience litigating a broad range of construction-related disputes.

Mechanics Liens

Many construction defect cases involve construction liens, or “mechanics liens.” Mechanics liens are legal interests in real estate held by contractors, subcontractors, or equipment lessors for the value of the improvements they provided to the real estate. Some people are unaware that contractors, subcontractors, architects, engineers, property managers and equipment lessors are given considerable power under the Mechanics Lien Act to recover payment for the value of their services, material, or equipment. For example, a lienholder who performs work on a property and who successfully perfects and forecloses the mechanics lien can have the property auctioned and the proceeds applied toward satisfaction of the lien. Additionally, the Act empowers courts in certain circumstances to award attorney fees and court costs to successful lien foreclosure litigants. The Mechanics Lien Act and resulting case law comprise a complex and nuanced body of law with rules that can easily become pitfalls to the unfamiliar party. Schaeve Law Office, P.C. represents owners, contractors, subcontractors, architects, engineers, property managers and equipment lessors in construction defect and lien foreclosure cases. The firm’s principal attorney, Mark Schaeve, has published articles on mechanics liens, including, “Mechanics Liens, 2014 Update,” for the Illinois Institute of Continuing Legal Education and, “Mechanics Liens: Preserve Your Valuable Lien Rights by Understanding Your Rights and Responsibilities Under the Mechanics Lien Act,” Chicago Roofing Contractors Association Magazine, Fall 2013 edition.

Mortgage Foreclosure

The attorneys of Schaeve Law Office, P.C. help mortgage borrowers protect their home, their equity, their personal assets, and their credit score by devising a strategy tailored to their specific circumstances. In some cases, lenders will agree to a short sale or a deed in lieu of foreclosure. A short sale is an arrangement where the lender agrees to forgive the loan in exchange for less than the full amount due on the mortgage. A deed in lieu of foreclosure is a conveyance where the lender accepts the deed, as is, in exchange for forgiving the mortgage debt. Alternatively, a U.S. government program may be available, including the Home Affordable Refinance Program (“HARP”), where qualifying homeowners get a lower interest rate, get a shorter loan term, or change from an adjustable to fixed-rate mortgage, all of which can save them enough money on their mortgage to make monthly payments feasible again. Occasionally, circumstances may even compel the lender to agree to refinance the loan. Howeer, reaching an arrangement with the lender on any of these issues usually requires establishing an effective defense or counterclaim first in order to halt the foreclosure suit. Call Schaeve Law Office, P.C. today to discuss the best approach to address your mortgage circumstances.

Real Estate Litigation

Schaeve Law Office, P.C. also handles other real estate matters involving condominium association issues, nuisance claims, permit violations, boundary line disputes, property damage, trespass claims, storm water management issues, and IEPA Pollution Control Board actions. No matter what your real estate needs are, Schaeve Law Office, P.C. delivers the outstanding transactional and litigation real estate services you need to achieve the best results possible. Call Schaeve Law Office, P.C. today at (773) 899-0095 for a free initial consultation.

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