Lazar Bros. Trucking, Inc. v. a & B Excavating, Inc.

PRESIDING JUSTICE McNULTY

delivered the opinion of the court:

Lazar Brothers Trucking sued to foreclose a mechanics lien it filed against property Schmidt & Associates Construction owned. The trial court dismissed the claim based on lien waivers Schmidt obtained from its contractor. The lien waivers showed that before Lazar filed its lien, Schmidt fully paid its contractor for the work Lazar performed. We hold that the lien waivers established a prima facie defense to Lazar’s lawsuit, and Lazar failed to present evidence that could support an inference that Schmidt acted in bad faith or that it…