Howard Turner holding “Turner on Illinois Mechanics Liens,” the book he authored that is now considered the authoritative work on Illinois mechanics lien law.

Mike Nigro (left) with Howard Turner.

Howard Turner has devoted his professional life to mechanics lien law, spending 52 of his 56 years as an attorney advocating for contractors, subcontractors, lenders, owners and suppliers throughout the state of Illinois. In fact, he literally wrote the book on Illinois mechanics lien law.

Mechanics lien law is not only important in Illinois, it is unique—the Illinois Supreme Court has said so. Hoier v. Kaplan, 313 Ill. 448 (1924). “Turner on Illinois Mechanics Liens” is a practical, straightforward handbook on mechanics lien law published in 2016 by the Illinois State Bar Association with the cooperation of the Society of Illinois Construction Attorneys. Turner describes his book as a guide that weaves through the state’s Mechanics Lien Act and outlines the processes, pitfalls and outcomes of recording, perfecting and litigating mechanics liens. The book includes seven checklists for both plaintiffs and defendants to follow when they are involved in mechanics lien cases. “I hope the book will allow people not to make as many mistakes and not to expose themselves to malpractice,” says Turner. “I wrote it so that people can do things right.”

Notable lien law expert Stephen Love wrote “Mechanics’ Liens in Illinois” in 1931 and published the second edition of his work in 1950. He passed away in 1974. Turner’s book, now the authoritative book on Illinois mechanics lien law, fills a much-needed void in this specialized field. According to Stanley Sklar, a retired attorney and Executive Director of Dispute Resolution Services in Northbrook, Ill., “ ‘Turner on Illinois Mechanics Liens’ is the most noteworthy publication in recent years for Illinois construction lawyers. Every Illinois construction lawyer should have this book on their desk.”

In addition, Turner has influenced many changes to the Mechanics Lien Act through his participation in three Chicago Bar Association subcommittees that prepared amendments which were adopted by the Illinois Legislature between 2004 and 2010.

Experience Leads to Expertise

“Howard has 50+ years of successfully handling some of the most difficult lien law cases,” says Mike Nigro of Nigro, Westfall & Gryska, P.C., where Turner serves as Of Counsel. “He is regarded by many as a ‘lawyer’s lawyer,’ ready to share his deep knowledge of construction law with other attorneys and judges. His recent book on mechanics liens and his numerous published legal articles attest to this.”
Nigro, Westfall & Gryska, P.C. is a six-lawyer firm serving the greater Chicago area. A substantial part of the firm’s practice is representing subcontractors, suppliers and general contractors in the construction industry.

The firm also guides and advises its clients during the contract process by preparing contracts and contract riders, and advising clients of which traps to avoid. “We discuss our most difficult cases every week, and Howard often comes up with a point of law or strategy to help us successfully resolve a case. Howard can take very complicated factual and legal situations and simplify them to the crucial issues,” says Nigro.
“In all construction matters, it is critical to identify key issues,” says Turner. “There are a finite number of issues to look for, but unless you know what they are, you can miss important points that, if not handled correctly, can result in injury to your client’s business.”

According to Turner, one issue is determining the last day of work. Sometimes subcontractors and their lawyers get confused about what is the last day of work for mechanics lien purposes, and their liens may then become unenforceable. A subcontractor’s notice of claim for lien on private property must be served on the owner of record within 90 days of the subcontractor’s last day of work. But for mechanics lien purposes, the last day of work is the day the last unpaid billable work was done. This is true even though there is paid work that was performed later. Also, work done merely to correct defects or to complete work previously paid for does not count. It is common to pay for contract work before extra work is paid for, even if the extra work was done first.

Another example is when a subcontractor furnishes work, labor or material for a local governmental project. Sometimes the local government will use a not-for-profit corporation to contract for the work instead of contracting for the work in its own name. That may cause the subcontractor or its lawyer to think the job is a private project instead of a public project. The remedies for enforcing liens on public projects and private projects are totally different. If the wrong procedures are used, the subcontractor can lose its lien and its money. If a lawyer does not check out the nature of the improvement and for whom the not-for-profit corporation is working, the lawyer can make a serious mistake.

Lauded by Colleagues and Opponents Alike

Turner’s work over the years has helped many types of clients, colleagues, judges—and even rivals. He has taught for the Chicago Bar Association, is an adjunct professor for The John Marshall Law School’s Real Estate LLM program, has authored or co-authored dozens of articles and has presented to numerous construction industry groups throughout the state.

“In my opinion, Howard Turner is the ‘Grand Master’ of mechanics lien law,” says Margery Newman, a construction law attorney with Bryce Downey & Lenkov in Chicago. “He is one of the most knowledgeable attorneys in construction law and on the Illinois Mechanics Lien Act as shown by his recent book. Howard is always available to answer complex construction law questions and is renowned for his willingness to share his vast wisdom and expertise. I have been privileged to know Howard and to have had the pleasure of working with him on chapters in books, seminars and construction law-related committees.”

“Even though Mark Gryska and I are seasoned construction law attorneys, many times Howard has come up with a creative way to handle and resolve a case to the client’s benefit early in the litigation process,” says Nigro. “Howard loves his work, and our firm and our clients benefit from his advice and dedication.”

“Mr. Turner appeared before me on a regular basis and was always a consummate professional,” says retired Judge Clifford Meacham, Senior Mediator/Arbitrator with ADR Systems in Chicago. “In one case, we had a respectful disagreement, and when the case was ultimately affirmed, he brought it to my attention (with congratulations) before I was aware of the opinion. My colleagues and mechanics lien attorneys have all been beneficiaries of his wisdom. His positive nature and approachability have also been a constant. Many young lawyers have been influenced by Howard.”

Staying Active

Now 80, Turner considers himself semi-retired, but that means working four to six days a week instead of the “eight” he worked during his full-time career. He currently devotes his time to serving clients, learning and teaching. His primary professional goals are to help people who need help and to share his knowledge and skills with the legal community and companies in the construction industry. This can include acting as the principal attorney on a matter or acting with other lawyers as a consultant or co-counsel. Turner enjoys active involvement in the Illinois State Bar Association, the Society of Illinois Construction Attorneys (whose membership is by invitation only), and the Chicago Bar Association. He also does pro bono work and says one of his most gratifying experiences in this regard was helping a widow keep her home.

Turner is one of the original members of the Society of Illinois Construction Attorneys (SOICA) and has been an active member since its creation. SOICA is a service organization whose members devote a substantial amount of time to improving Illinois construction law. It is a forum for its members to exchange experience and knowledge; to enhance the laws that underlie construction processes; and to increase the understanding of social and economic forces, and technical and business practices, that impact the construction industry.

Turner has been instrumental in developing and proposing legislation that has become law in Illinois. His contributions to legislation, to the practice of lien law, to his colleagues and to the construction industry as a whole will continue to have an impact in Illinois for years to come.