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On the other hand, unnecessary litigation
can result from ignoring principles of Illinois mechanics lien
law. Yet these principles are often overlooked until after the
damage has been done, because the participants in the project
are unaware of their rights and obligations under the law.
The author of this site, attorney Thomas
J. Westgard, recognized a need for better information about Illinois
mechanics liens while representing clients in this area. He found
that there was little guidance available, not only in how to
create and enforce these liens, but above all, how to use this
part of the law to its intended purpose: to guide construction
projects to the satisfactory result intended by the parties at
the time the project was begun. This is, after all, the best
result possible.
The mechanics lien matters which Mr.
Westgard handles include:
- drafting contracts, including construction
contracts; contracts for the purchase, sale and lease of personal
and real property, including residential and business property;
as well as settlement contracts for out-of-court resolution of
disputes.
- drafting of other mechanics lien-related
documents, such as sworn statements, releases, waivers, and the
like.
- commercial litigation, including mechanics
lien foreclosure, collections, contract disputes, and similar
matters
- negotiating and closing business transactions
- statutory compliance and legal audits
Mr. Westgard is admitted to practice
in the Circuit and Appellate Courts of the State of Illinois,
and further is admitted before the United States District Court
for the Northern District of Illinois, as well as the United
States Court of Appeals for the Seventh Circuit. He is a graduate
of Indiana State University and Ohio Northern University - Pettit
College of Law.
Before becoming a lawyer, Mr. Westgard
earned a living as a carpenter installing hardwood floors with
high-quality custom inlays, and as a forktruck driver in a factory
where metal blanks are cut and annealed. He also worked for a
short time as a plumber. Mr. Westgard is a native speaker of
English, is fluent in German, reads and writes French and Spanish,
and speaks French and Spanish with limited capacity.
Reported Case:
Mr. Westgard also represented June Toney in her suit for breach of rights of publicity against L'Oreal USA, Inc. and two subsidiaries of Procter & Gamble. The case was amicably resolved on February 8, 2006. The case included an important appellate question regarding the intersection of publicity rights and copyright. You can review source documents and commentary about the case here. The litigation resulted in three published opinions:
Toney v. L'Oreal United States, No. 02 C 3002, 2002 US Dist. Lexis 21229 (ND Ill. Oct. 30, 2002) (District Court)
Toney v. L'Oreal USA, Inc., 384 F.3d 486 (7th Cir., Sept. 21, 2004) (Toney I)
Toney v. L'Oreal USA, Inc., 406 F.3d 905 (7th Cir., May 6, 2004) (Toney II)
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