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How to File a Mechanic's Lien in Illinois

Posted on in Breach of Contract

IL real estate lawyerEveryone deserves to get paid for the jobs they perform. While many industries provide their employees with payment for their time and effort on a biweekly basis, other industries are contract-based and wages are accrued on a much more irregular schedule. This irregularity coupled with potentially unfulfilled contracts, forces some contractors to face risk in receiving their due wages. Because of this, a safety net called mechanic’s lien has been created to ensure appropriate payment.

Mechanic’s lien has very specific deadlines and criteria that must be met to make a successful claim. It is important that you take all opportunities to protect yourself in your line of work to ensure that you can provide for yourself. A DuPage County real estate attorney can help make sure that you are properly compensated for your labor.

What Are the Requirements for a Mechanic’s Lien Claim?

A mechanics lien claim is typically filed by contractors, subcontractors, or suppliers. The claims are made due to lack of payment received after completing a project or providing materials. The work completed is usually on someone’s house, land, or other property. The lien process can vary greatly from state to state so it is important to look into your area’s practices.

To get started, below is a list of criteria to meet in order to file a successful claim.

  • Give notice of exactly what is being contributed to the property owner within a duration of usually 20-30 days.
  • If no wages are received, file the “claim of mechanic’s lien” in the county where the work was completed.
  • Once it has been filed, the worker will have two to six months to come to a solution with the homeowner or file a lawsuit.
  • Lien must be filed within four months of the project’s completion to have an effect against all parties.
  • Lien must be filed within two years of completion to be effective against the homeowner.

The Illinois Mechanics Lien Act governs this process for the state of Illinois. In Illinois, when filing the original notice, you need to include all basic information about the project and the wages you should be paid. Additionally, it is required that a subcontractor verifies the lien with an affidavit, including a detailed description of the contract, the wages due, and the legal property terminology.

What Is the Purpose of a Mechanics Lien Claim?

Simply put, the purpose of liens is to prompt a settlement between the two parties and make sure that the contractor, subcontractor, or supplier is adequately compensated. If the homeowner neglects their half of the contract, the lien acts as a publicly visible mark on the title. This will make it incredibly difficult for the homeowner to sell their house unless the debt is paid off. Worse, it could lead to a court order that mandates the owner sells the property to settle the payment.

Contact a Wheaton, IL Real Estate Attorney Today

Contractors, and workers in similar situations, put faith in the contracts agreed upon to maintain their livelihood. Mechanic’s lien allows them to take action when those contracts are not fulfilled. For a contractor interested in taking this route, it is critical to familiarize yourself with your town’s laws and take the deadlines seriously. Find a skilled DuPage County real estate attorney who can help you. Call an attorney at Stock, Carlson & Duff LCC to schedule your consultation today at 630-665-2500.


Source:
https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2254&ChapterID=63

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