What are Mechanics Liens?
Filing mechanics liens in Illinois is a measure unpaid contractors can take to help secure they get compensated for work performed and materials supplied on residential real estate. While filing mechanics liens don't always guarantee payment will be rendered, they often help secure payment when someone either refinances or sells their property. Liens filed on properties held against title may be lost in foreclosure or certain types of bankruptcy. Overall they typically help generate a payment in some form down the road. The logistics of lien priority can be deviate from state to state and when the liens were filed.
If you performed work on a property and need legal assistance in collecting the debt or filing mechanics liens, contact McNamara Legal for a Free Consultation today by dialing 312-719-7959. McNamara Legal is a civil litigation lawyers office serving the Chicago and Cook County Illinois areas.
Conversely, if you have mechanics liens filed against your property and need help settling or disputing the validity of the claim(s), contact McNamara Legal for help. We work both sides of mechanics liens and know the intricacies of the process and can help you on either side of the coin with our expert legal advice.
Illinois law, under the Illinois Mechanics Lien Law (ILML), requires sub-tier parties working on single family owner-occupied residence to provide notice of intent within 60 days. If any work is done without prior notification then a subsequent Notice of Intent must be sent by or before 90 days after last furnishing labor and/or materials in order to retain their right for filing an ILLM mechanics lien
Mechanics Lien Deadlines
In Illinois, a mechanics lien is effective against subsequent property owners once it's been filed within 4 months of work being completed. If the mechanic files after 4 months but before 2 years have passed since completion on their project, then they are still able to make claim for payment from any future owner.
An action to enforce mechanics liens in Illinois must be initiated within 2 years after completion of the work. This deadline is strict, and cannot be extended. If this time limit slips by due to lackadaisical behavior on your part or another party's behalf, then you could lose out completely if it comes down to a dispute over payment for services rendered - so don't miss any deadlines!
Who Can File a Mechanics Lien in Chicago Illinois?
In Illinois, original contractors and subcontractors who provide labor or materials in the improvement of real property are entitled to lien rights. This means that not only architects, engineers, construction managers and laborers can have their own claims against a project for unpaid work but also other tradesmen like carpenters, plumbers, roofers etc.
Original Contractors: Original contractors include almost every party who contracts directly with the owner of the property – from architects and engineers to workers on site; they all may be involved when something goes wrong leading them back into dispute over how much money is owed by one another (excluding any payments made). One such instance could occur where an architect's design was modified without proper consultation causing delays which then led to more costs incurred by everyone.
In Illinois, the tiers of subcontractors who may file a mechanics lien are almost limitless. A sub-subcontractor is treated just as well as any other type and can collect from an original contractor due to their work on a project.
Do You Need to Send Notice a Lien was Filed in Chicago Illinois?
When an original contractor performs work or provides materials to the owner of a single-family residence, they have 10 days after recording their lien on that property to give written notice. This is considered served when sent in the mail or personally delivered by it's recipient.
Can Unlicensed Contractors File a Mechanics Lien in Chicago Illinois?
Although there are no special requirements for the lien claimant, it is worth noting that in G.M. Fedorchak and Associates v AIA Illinois Architects Committee Inc., two architects lacked capacity to foreclose on a mechanics lien because they weren't licensed with the State of Illinois at all times during their involvement with this project; so requiring licensure could be beneficial as well if you're not an architect or design professional working on site-specific jobs. If you need help filing a mechanics lien, contact McNamara Legal to get your case started.
When Hiring a Mechanic Lien Attorney
When searching for a Chicago mechanic lien lawyer, it is important to know, Ana McNamara is well versed in mechanic liens, real estate laws as well as civil law disputes and brings a vast experience helping people with mechanic liens both in and out of the courthouse. McNamara is a well known civil litigation attorney providing professional legal services and represents clients with consumer protection issues throughout Cook County, Illinois and has handled various cases at the Richard J. Dailey Center.
Call our office for a free consultation to discuss your consumer fraud case. We can represent both sides and have a vast array of experience to help you win your case, so call us today at 312-719-7959.