If you are a contractor or subcontractor who has not been paid by a customer, you are protected by Illinois Law. The Illinois Mechanic’s Lien Act allows you to place a lien on property they have improved with your labor and materials. Once a lien is placed on the real estate the owner of the property cannot sell or transfer the property without paying what is owed to you. The Illinois Mechanic’s Lien Act is very intricate and complex. If you follow the strict guidelines of the Act your lien will be payable over later encumbrances on the real estate. Later encumbrances include, but is not limited to, mortgages and or third-party creditor liens. Contractors must file a claim for lien within 4 months of the last day of work. These claims must include specific information required by the Act. Then you must serve the recorded lien on the owner within 10 days of recording the lien. Finally, you must file suit to foreclose the lien within 2 years of the last day of work. An additional 90-day notice is required for subcontractors and a 60-day notice is required for subcontractors placing a lien on an Owner-Occupied Residence.

If you are a contractor or subcontractor and are owed money for your work or if a mechanic’s lien has been placed on your home contact the attorney’s at Allison Mosby-Scott. Our expertise will ensure you meet the detailed requirements of the Illinois Mechanic’s Lien Act.

 

Michael Fenger

Attorney at Law