Elements of a Mechanic’s Lien Claim: Getting Ready for Summer

July 08, 2024
featured image

With the surge in construction projects typical of the summer months, understanding the essentials of a mechanic’s lien claim becomes crucial for businesses in the construction sector. Grzymala Law Offices, provides guidance and legal support across the Chicagoland area, ensuring that clients secure their rights under the Illinois Mechanics Lien Act.

Key Elements of a Mechanic’s Lien Claim in Illinois

To effectively enforce a mechanic’s lien in Illinois, certain critical procedural steps must be meticulously followed. Each of these elements plays a vital role in the successful establishment and enforcement of a mechanic’s lien:

  • Proper Documentation: It is imperative for the claimant to provide a comprehensive and detailed account of the labor performed or materials provided. This includes a clear outline of the contractual agreement for the improvements, detailed descriptions of the work done or materials supplied, and documentation of the agreed-upon prices. This thorough documentation serves as the foundational support of the claim, substantiating the basis for the lien in detail.
  • Subcontractor’s Notice of the Lien:, Illinois law requires that subcontractors deliver a written notice to the property owner and parties in the change of contract and tite within 90 days of the subcontractor’s last date of work. This notice should state the balance due describe the contract, describe the work performed and state the last date of work or furnishing at the project. This requirement is strategically important as it provides property owners with a fair warning to address any disputes promptly before the lien enforcement proceedings begin.
  • Timely Recording: The timing of the lien recording is crucial. General contractors as well as subcontractors and material suppliers are required to file their liens within four months from the last day of their work on the project to claim the full amount due. Adhering to this deadline is critical for the enforceability of the lien.
  • Correct Filing Location: The lien must be recorded in the recorder’s office of the county where the property is located. This ensures that the lien is publicly recorded and acknowledged as a legal claim against the property in question. Correct filing location is essential for the lien’s validity and enforceability.
  • Enforcement of the Lien: If payment is not forthcoming, the next step is the enforcement of the lien through legal action, typically by filing a lawsuit. In Illinois, this action must be initiated within two years from the last date of work. This lawsuit seeks to foreclose the lien, compelling the sale of the property if necessary, to cover the owed amount. Note that this deadline can be accelerated by the owner by serving a demand to file suit within 30 days pursuant to Section 34 of the Illinois Mechanics Lien Act
  • Release or Satisfaction of Lien: After the claimant receives payment, it is crucial to file a release or satisfaction of the lien. This document refers to the lien claim and indicates that the lien amount has been satisfied or paid. Failure to file this release can lead to legal complications and affect the property’s title.

These elements highlight the need for precise understanding and strict adherence to legal requirements. For businesses engaged in construction in Illinois, consulting with a seasoned Illinois mechanics lien lawyer from Grzymala Law Offices can offer the necessary guidance to manage these processes effectively. To discover how we can assist you with mechanic’s liens, please visit our page.

Why Should You Hire an Attorney from Grzymala Law Offices

Engaging with a seasoned attorney from Grzymala Law Offices can significantly benefit your business, especially when dealing with the nuances of a mechanic’s lien claim in Illinois. Located in Skokie, Illinois, and serving the broader Chicagoland area, our firm is steeped in over 45 years of combined experience in construction law, mechanic’s liens, collection, and commercial litigation.

  • Precision in Documentation and Filing: Ensuring that all filings are accurate and submitted within the legal deadlines is crucial for the validity of a mechanic’s lien. Our Illinois mechanics lien attorneys are meticulous in preparing and managing documents, safeguarding your lien rights effectively.
  • Strategic Legal Guidance: The landscape of construction law can be challenging to navigate without professional guidance. Our attorneys provide comprehensive legal advice to align with the Illinois Mechanics Lien Act, helping you manage compliance and strategic issues effectively.
  • Advocacy in Disputes: Should disputes arise, having Grzymala Law Offices on your side means you have robust representation. Our skilled Chicago mechanics lien attorneys are well-prepared to advocate for your interests in negotiations and, if necessary, in court, ensuring that your case is presented strongly and effectively.
  • Protection of Your Legal Rights: Our legal team is dedicated to ensuring that all your rights under the law are fully exercised and protected. This commitment extends beyond filing liens to pursuing enforcement and securing the payments due to you.

Hiring an attorney from Grzymala Law Offices allows you to focus on your core business operations while we handle the legal complexities. Do not let unpaid work undermine your business’s financial stability this summer. Grzymala Law Offices is ready to assist you in securing your mechanic’s lien rights.

Whether you are dealing with a straightforward project or a more involved dispute, we are here to provide the guidance you need. For more information and to discuss your specific situation, visit our Contact Us page today and ensure your rights are well-protected this construction season.