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Mechanic's Lien Act, DuPage County Real Estate LawyerIt is an all too common scenario for contractors and suppliers: work is performed and/or materials are supplied for construction on a piece of property, yet the work or materials are not reimbursed. As a result, contractors and suppliers feel that they will never see the funds owed them. However, under Illinois law, contractors and suppliers may file a mechanic's lien against the property owner.

Under the Illinois Mechanic's Lien Act, a contractor, subcontractor, or supplier can place a lien on a property if he or she has not received payment. The Act offers an additional source of protection for the contractor because it guarantees that filers of mechanic's liens will be paid before anyone else who may also have a lien on the property—the assumption is that the work done on the property (for which the funds are owed) improved the property, which increased its value.

Under the statute, there are strict criteria regarding the circumstances under which a mechanic's lien can be filed, as well as the time period in which it must be filed. The lien must also be filed in the county where the property is located.

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