What Information Does My Mechanic’s Lien Attorney Need to Make a Lien Claim?

When dealing with a construction project, issues can arise that result in non-payment for work completed. This is where a mechanic’s lien can become an essential tool for contractors, subcontractors, and suppliers. A mechanic’s lien provides a legal claim against the property where the work was performed, ensuring that those who contribute to the construction or improvement of real estate get paid. To successfully file a mechanic’s lien in Illinois, you must provide your attorney with the necessary information. Here’s what your Illinois mechanic’s lien attorney needs to make a lien claim.

Information #1: Project Details and Contract Information

The foundation of any mechanic’s lien claim is the project itself. Your Chicago mechanic’s lien lawyer will need comprehensive details about the construction project. This includes:

• Project Address: The exact location where the work was performed or materials were supplied. A PIN or legal description are useful too.
• Property Owner’s Information: Full name and contact details of the property owner.
• General Contractor’s Information: If you are a subcontractor or supplier, provide the general contractor’s details and copies of any bonds posted
• Work Description: A detailed description of the work performed or materials supplied. This helps in identifying the scope of work and the specific contribution to the project.

Additionally, having a copy of the signed contract, purchase orders, change orders, and any written agreements related to the work is vital. These documents outline the terms and conditions agreed upon, providing a clear basis for the lien claim.

Information 21: Timeline of Work and Payments

Understanding the timeline of the project is crucial for an Illinois mechanic’s lien lawyer. This includes:

• Start and End Dates: The dates when you began and completed the work or when the materials were delivered.
• Invoices and Payment Records: Copies of all invoices sent to the property owner or general contractor, along with records of any payments received.
• Payment Schedule: The agreed-upon payment schedule, including any milestones or deadlines for payments.

Illinois law has strict deadlines for filing a mechanic’s lien. Typically, the lien must be filed within four months of the last date of work or materials supplied. Providing a detailed timeline helps ensure your claim is filed within the statutory period.

Information #3: Notice of Intent to Lien

Before initiating a mechanic’s lien, Illinois legislation often mandates the issuance of a notice and claim for lien a/k/a a notice of intent to lien. This procedural step is crucial as it serves to formally alert the property owner and any other relevant parties of your intention to secure a lien on the property if the outstanding payments are not settled. This notice helps ensure that all parties are adequately informed before any legal claim is placed against the property, potentially facilitating a resolution before the lien is filed. 

To comply with this requirement, your Chicago mechanic’s lien attorney will need solid proof that the notice was effectively delivered to the required parties. Acceptable proof of delivery includes certified mail receipts or other documentation that verifies the notice has indeed reached its intended recipients. This documentation is essential for establishing that the legal prerequisites for filing the lien have been met, thereby strengthening your position in any subsequent legal proceedings.

Information #4: Documentation of Unpaid Amounts

A critical element of a mechanic’s lien claim is the amount you are owed. To substantiate your claim, your Illinois mechanics lien attorney will need:

• Unpaid Invoices: Detailed invoices showing the amounts due for the work performed or materials supplied.
• Correspondence: Any emails, letters, or other communications regarding payment issues. This can include payment requests, reminders, and any responses from the property owner or general contractor.

Information #4: Legal Property Description

A mechanic’s lien must contain a precise legal description of the property where the work was performed. This goes beyond the street address and includes the legal description found in public records. Your attorney will help obtain this information, but having any existing documents with the legal property description can expedite the process.

Information #5: Verification of Claim

To file a mechanic’s lien, your attorney must prepare a lien claim document that includes a verification statement. This statement is typically signed by you or a representative of your company, affirming the accuracy of the information in the lien claim. Your Illinois mechanics lien lawyer will guide you through this process, ensuring that the verification meets legal requirements.

Protect Your Investment with Grzymala Law Offices

Filing a mechanic’s lien in Illinois requires precise and comprehensive information. By providing your attorney with detailed project information, timelines, payment records, notices, and legal property descriptions, you can ensure your claim is filed accurately and promptly. Grzymala Law Offices, with their extensive experience in construction law, can guide you through this process, safeguarding your financial interests. Protect your right to payment—contact us today.