Grzymala Law Offices: Defending Against Mechanics Liens and Claims in IL
An IL mechanics lien is a lien that a contractor places against a property’s title when they haven’t been paid for services or materials by the property owner. The Illinois Mechanics Lien Act allows a contractor to place a lien under certain circumstances and requires the contractor to bring suit against the property owner within a period of time. There are many reasons why a property owner and a contractor may not agree on the cost of services and/or materials. But in Illinois, the contractor has the right to place a lien against a property to recoup their costs if the property is sold.
At Grzymala Law Offices, P.C., we’re familiar with fighting a mechanics lien in Illinois and removing it from your property’s title. Call us to talk to a Chicago mechanics lien lawyer to learn more about how we can help you with this issue. Meanwhile, read on to learn more about an IL mechanics lien and how you can fight them.
What Is an IL Mechanics Lien?
The Illinois Mechanics Lien Act (770 ILCS 60/0.01, et seq.) provides legal recourse to contractors who weren’t being paid by their clients for their work performed, materials bought and used, and payment for equipment rentals along with other associated costs. The act also allows a contractor to halt all work on a project and walk away if they haven’t been paid for their work, then file a mechanics lien against the property title. Note that this is addition to other rights such as a mechanics lien claim.
However, a contractor isn’t always justified in their reasoning about walking off a job, and the property owner can challenge the lien to get it removed. This is where a Chicago mechanics lien lawyer can help a property owner fight a mechanics lien in Illinois.
How To Fight a Mechanics Lien in Illinois
A mechanics lien has to be drafted according to requirements of the Lien Act, filed and served in order for it to be valid against the property title. That means a mistake in the lien paperwork can invalidate the claim. The Illinois Mechanics Lien Act is very technical and it’s easy to make mistakes that go overlooked upon filing. What this means is that a Chicago mechanics lien attorney can seek to dismiss or release a mechanics lien due to mistakes made in the paperwork or drafting.
There are many defenses that can work towards getting the lien removed from the property’s title that goes beyond mistakes in the paperwork. A contractor that fails to perform according to the contract can have their lien dismissed, especially if they have no justification for their inability to perform. Another defense is when the contractor is improperly representing the amount owed, something that can open up the contractor to a fraud claim. Last but not least, the contractor has to file a lawsuit against the defending party within two years of filing the mechanic’s lien or lose their claim.
The cases above can be simple, but they could sometimes be strong defenses against a mechanics lien claim. Even if those defenses would not suffice, property owners can have the option to take the lienholder to court with the help of a Chicago mechanics lien lawyer. The lawyer’s role is to argue their case in front of the judge as to why the lien is invalid and should be removed from the title of the property. Illinois courts tend to be strict in their interpretation of a mechanics lien as a general rule, something that can be in their favor and against the claimant.
An from the court reinforces the fact a contractor has to properly fill out and file the mechanics lien for it to be enforceable. This means owners shouldn’t simply accept the lien and give up without a fight. The dispute between an owner and the contractor that led to the lien may very well be what helps them get rid of the lien altogether.
Contact Grzymala Law Offices Today for Help with a Mechanics Lien
Get in touch with us at Grzymala Law Offices, P.C. today to learn more about how a Chicago mechanics lien attorney can help you get a mechanics lien lifted from your property. We’ll go over the details of the situation with you and seek to create a defense against the lien. Our attorneys know what to look for and how to devise a plan of action that clears your real property title of the mechanics lien. You get your property title cleared from the mechanics lien and can move forward.