File a Lien in Illinois. Mechanics Lien against a clients property.
In our current economy, even though things are turning around, many Illinois contractors and others in construction are finding that their clients are still not paying or are slow to pay. So, what are their options?
In The State of Illinois, and in most other states there is a Mechanics Lien Law that allows you to file a lien against a clients property, that is available to contractors. Many don’t understand what a mechanics lien is or how they can file one or even sometimes the benefits of it.
What A Mechanics Lien Is
A mechanics lien is a means whereby, under the law a general contractor, subcontractor, or anyone, like a supplier or engineer that works with them can collect payment for the work they have completed. A lien can be filed and recorded against the client’s property. Thus becoming a lien against the property and securing the payment for services.
How Do you File a Lien in Illinois
Because you are encumbering someone’s property in a legal and binding fashion there are certain rules that must be followed to make sure that everyone is treated fairly. The lien must include the person claiming they have not been paid, the “claimant’s”, name; the owner of the property’s name; the name of any lenders that might also have a title claim to the property; the first date of contact for job; identifying information about the property, ie. Address, legal description, or parcel number; a specific list of all labor and materials provided; the amount on the contract, how much has been paid, and the last date any work was performed; lastly the amount that is being filed on the lien claim.
- A Mechanics Lien must be filed within four months after the last day worked. This day must be the day that the project was completed. This does not mean punch list items, but the actual contract work. The lien must be recorded in the county Record of Deeds office where the property is located.
- An additional step that is important to securing the lien is that the contractor must file a foreclosure lien within 2 years of the effective date, the date work was begun on the project. This begins the process for the property to be sold and the contractor to receive his money that is owed him.
There are options to help you get the money that you are owed, but you must follow the rules and do your part in order to collect.
Contractor’s Lien Advisors helps contractors, sub-contractors, and material suppliers file Mechanic’s Lien. We assist contractors from whole Illinois State.