Laws Governing Mechanics Liens in Illinois: Know Your Rights
When it comes to construction projects, mechanics liens play a crucial role in ensuring that contractors and suppliers are paid for their services and materials. The Illinois Mechanics Lien Act governs the process of filing and enforcing the laws surrounding mechanics liens. Understanding its provisions and the rights they provide is essential for any contractor or supplier working on a construction project in the state.
If you’re facing issues with a mechanics lien, know your rights with the help of our Chicago mechanics lien lawyer at Grzymala Law Offices, P.C. We’ll ensure that you’re paid for your services and your rights are protected as contractors and suppliers.
A mechanics lien is a legal claim that a contractor or supplier can file to secure payment for services or materials provided to a construction project. The lien gives the claimant a legal interest in the property and allows them to take action to foreclose on the property if payment isn’t made. In Illinois, the mechanic’s lien can be filed by contractors, subcontractors, suppliers, and laborers who haven’t been paid for their work on a construction project.
Illinois Mechanics Lien Act
The Illinois Mechanics Lien Act outlines the requirements and procedures for filing a mechanics lien. To file a lien, a contractor or supplier must first provide written notice to the property owner and the party with whom they have contracted. This notice must be served within four months of the last date of service or delivery of materials. Once notice is given, the contractor or supplier has four months to file a mechanics lien with the county recorder’s office where the property is located. The lien must include a description of the property, the amount due, and the names of the parties involved.
It’s important to note that in Illinois, strict deadlines must be met to file a mechanics lien. If notice isn’t given within four months or if the lien is not filed within four months of notice, the contractor or supplier loses their right to file a lien. This is why it’s important to consult with an experienced Illinois mechanics lien attorney as soon as possible.
There are specific rules for determining the priority of an Illinois mechanics lien. The attachment of the lien is established by the date of the contract between the owner and the original contractor.
Another important aspect of mechanics liens in Illinois is the bond claim process. In some cases, a property owner may require a contractor or supplier to post a bond in order to secure payment. This bond can be used to pay off any mechanics liens that are filed. Understanding the bond claim process and how it may affect your ability to secure payment is important.
Enforcing a mechanics lien in Illinois also requires strict adherence to the laws set forth in the Mechanics Lien Act. Once a lien is filed, the contractor or supplier must take action to foreclose on the property within two years. If they don’t, the lien is considered to be waived, and the contractor or supplier loses their right to payment.
The laws governing mechanics liens in Illinois are complex and can be difficult to navigate. It’s important to consult with an experienced Illinois mechanics lien attorney as soon as possible to ensure that your rights are protected and that you receive the payment you’re owed for your services.
Your Rights With an Illinois Mechanics Lien Attorney
An experienced Illinois mechanics lien attorney can assist you in navigating the complex laws and procedures surrounding mechanics liens. They can help ensure that notice is given in a timely manner, that the lien is properly filed, and that the necessary steps are taken to enforce the lien. An attorney can also assist in negotiating with the property owner or other parties involved in order to reach a resolution and secure payment for services provided.
At Grzymala Law Offices, P.C., our attorneys have the knowledge and experience to help contractors and suppliers navigate mechanic’s lien law. If you haven’t been paid for your services or materials on a construction project, we can help you understand your rights and take the necessary steps to enforce your lien. Contact us today to schedule a consultation with one of our experienced Illinois mechanics lien attorneys. We will work to ensure that you’re paid for your services and materials and that your rights are protected.