Comprehensive Construction Law Representation

Illinois Construction Law and Mechanics Liens

With over 45 years of combined construction law experience, we offer our clients counsel and representation that covers a wide range of construction-related matters.

Your Construction Law and Mechanics Liens Attorneys

Based in Chicago, Illinois construction lawyer Mark B. Grzymala of Grzymala Law Offices, P.C. has many years of experience assisting general contractors, subcontractors, suppliers, vendors, owners and developers efficiently and effectively resolve disputes. This includes contract negotiations, communication of claims, assistance with payment, the filing or removal of mechanic’s liens and stop notices, informal dispute resolution and filing of lawsuits.

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What Our Construction Lien Lawyers Do

We focus and are determined in helping contractors get paid for their hard work. As part of its construction law and mechanics lien practice, the firm provides comprehensive representation to general contractors, subcontractors, material suppliers, developers, owners, architects and other construction professionals in with respect to most construction and safety issues including:

  • Mechanics Liens and Claims against private projects and public funds
  • Subcontractor Notices (Section 5 and Section 24 of the Illinois Mechanics Lien Act)
  • Bond Claims against public and private projects
  • Drafting Miller Act notices and claims against Federal projects
  • Claims Consulting
  • Mechanics Lien enforcement and foreclosure
  • Mechanics Lien bonds/substitution (Section 38.1 of the Illinois Mechanics Lien Act)
  • Guidance through construction payouts
  • Preparation of lien waivers and sworn statements
  • Release of mechanics lien and bond claims
  • Defense against defect and delay claims
  • Title defense against invalid or fraudulent lien claims
  • Protecting owner, lender and developer rights against contractors who perform defective or incomplete work
  • Contract drafting, review and negotiation
  • Drafting Terms and Conditions
  • Defense against City code violations
  • OSHA Citation defense / OSHA violations
  • Defense of claims by the Illinois Department of Financial and Professional Regulation (IDFPR)
  • Defense of City of Chicago Building Code Violations
  • Reviewing and drafting safety policies
  • Home Repair and Remodeling Act
  • Illinois Contractor Prompt Payment Act
  • Title research
  • Full Mechanics Lien Service and monitoring of your project

Assistance with Mechanics Liens

We assist with filing mechanics liens for our clients as a legal remedy for work that has been performed, but compensation has not been made. When this happens, the contractor or subcontractor can file a mechanics lien. This is filed against the property where the work was performed. Once the lien has been recorded at the county recorder’s office, the mechanic’s lien creates a security interest in the title of the property. This works to secure the right to payment of the compensation that is owed to the aggrieved contractor, laborer or supplier.

We Can Help You Get Started

A mechanics lien can help to protect your rights and ensure that you receive full payment for the work provided. But the process of filing a lien isn’t completely straightforward, so we’ve mapped out the basic requirements:

  1. Mechanics Liens can only be recorded against private projects, and can only be asserted by contractors, subcontractors, materialmen and suppliers. For work performed on local government projects, lien can be asserted against the funds due the general contractor but not against the real estate.
  2. The deadlines for filing a mechanic’s liens may vary depending on whether the party is a direct contractor or a subcontractor/supplier. Failure to miss a deadline can be fatal to the lien claim.
    Direct contractors must record the lien within four (4) months of their last date of work at the project.
    For subcontractors, they must serve a notice of lien claim within 90 days of their last date of work at the project and also record the lien claim within four months of the last date of work.
  3. The lien will need to be properly served on the owner, the lender and any upper tier contractors in order to provide them with proper notice.
  4. The mechanics lien must be foreclosed within two years of the last date of work in order to retain a valid claim. If it is not timely filed, the owner can have the lien released and may also demand that costs and attorney fees be paid.