A Mechanics’ Lien is an extraordinary remedy for contractors, subcontractors, and others related to the construction industry to resolve payment problems.

If any of those aforementioned files a Mechanics’ Liens it will put a hold on selling or refinancing the property without first paying off the disputed debt.

How much time I have to file Mechanic’s Lien?

Contractors have 120 days to file for a Mechanics Lien after their work on the property is complete. The law in this area is clear on the number of days, its practical application has proven more difficult. Many legal disputes have arisen to resolve this question as to the day the project is complete. In fact, the vast majority of litigation over mechanic’s liens is about when the project is substantially complete, and thus the filing deadline 120 days thereafter.

Often contractors may not file a lien against a property initially because they assume that the property owner will pay in full. Then by the time the contractor realizes that payment is not being made, or is being disputed, their 120 day filing period may have lapsed. Contractors who neglect to file a lien for the work may unfairly attempt to return to the property and perform work (such as removing equipment) in order to extend the lien’s filing date.

Subcontractor and material man claimants have 90 days to file a lien. Mechanics liens expire unless you file a lawsuit to enforce your Lien within 90 days of when the lien was recorded.

Just recording a lien does not get you paid, if you do not sue to collect on it.
And if you allow the lien to expire after 90 days without suing on it, the Owner can file in Court a Petition to Release the Property from the Lien, and you may be liable for paying the owners attorney fees and costs if you do not record a release of your expired Mechanics Lien.

Contents of 90 day notice.

The notice must contain the following:

• Name of owner
• Name of the contractor
• Name and address of the claimant
• Notice of the contract, what was done or a description of the claim
• The property subject to the claim
• The amount due

Does this Illinois require or provide for a notice from contractors and subcontractors to property owners?

Yes. Illinois law provides for a series of notices between contractors, subcontractors, and any party who provides labor and/or materials. First, a contractor must provide the form language contained in advising the property owner of his rights and the possibility of a lien. If there is a contract, this notice must be included with the contract, if not, it must be supplied separately.

Posible problems:
Contractor/Customer Name. Must be correct and specify if a corporation, partnership, or proprietorship etc.
Work. Must accurately describe work performed and type of materials supplied.
Address and Type of Property. House, condominiums, industrial parks, shopping centers, townhouses, office buildings.
Timeliness of Notices. 120 day if you are contractor and 90 if you are sub contractor or materials provider.

Call us (773)-635-0099 to get answers on all your questions.

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.

If you have any questions – please contact our office:
Contractor’s Lien Advisors
5440 N. Cumberland Ave, Suite 138, Chicago IL 60656
phone: (773)635.0099

The Importance of The Illinois Mechanics Lien Act.

Many times a homeowner will want to make changes to their property. For one reason or another they will choose to hire a professional rather than to do the work themselves.

The is usually a good choice, however, doing business with an individual is not like doing business with a company. With an company you can check to see if there are complaints against them or if they do poor work. How do you know that you or your suppliers aren’t going to get taken advantage of by a homeowner? That’s where the importance of the Illinois Mechanics Lien Act comes in.

File a Mechanics Lien in the Rockford, IL

If you find yourself involved in private construction work you need to understand what a mechanics lien is and how it will help you get paid if the need arises for you to file a lien. Contractor’s Lien Advisors are experts on liens in the Rockford, IL area. We can help you understand what a lien is and how to file a lien that will protect your interests, whether you are a contractor, subcontractor or supplied the materials.

If you have a completed work for a property owner and they fail to pay you according to the agreement then you have cause to file a lien. When you file a mechanics lien properly it puts a lien on the property. A lien says that in the event the property is sold, you must be paid before the property owner. However, if the amount is large then the homeowner may be forced to sell the property to pay this debt.
This type of lien can be filed anytime a property owner fails to pay for services that you have completed for them. However, because it is a legal proceeding, they have made it so that there are requirements that must be completely followed in order for your lien to be legal and enforceable. Also, the requirements are different depending on whether you are the contractor, a subcontractor, or a supplier.

Education can go a long way to protecting yourself and your business. Make sure that you contact the professionals when you need the help. Using their expertise can strengthen, and perhaps even save your business.

Since few years Contractor’s Lien Advisors helps recover money for General Contractors, Sub-contractors, and Material Suppliers.

Mechanic’s Lien allows to issue a lien on the improved property where they provided labor or materials when the balance for services or materials was not paid.

Many people think that if they do not have a written contract, they do not have a change to recover their money, but this is not true! Oral contract is also accepted. Mechanic’s Lien is the most powerful document in law that you can use to get back your charge. A contractor must record the claim for the lien in the county where the property is located.

Who is entitled to a Mechanic’s Lien?

Whoever performs engineering or land surveying services with respect to real estate, or contributes to the improvement of real estate by performing of real estate by performing labor, or furnishing skill, material or machinery.