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Am I still able to file a lien? Or is other recourse warranted?

Illinois

If work was ceased on/around Sept/Oct 2020, but correspondence between attorneys ceased ~Jan 2022 ... is there any recourse to collect via a lien? I was just told that the "new" subcontractors completed work but there were ~$40k in material overages that I was never paid on; total balance due is almost $90k.

2 replies

Jan 3, 2023
Yes, you can still sue for breach of contract and unjust enrichment. The mechanics' lien claim must be brought within 2 years from the date you last worked on the job so that is likely forfeited.
 
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Jan 3, 2023

Sounds as if you were a sub. As a sub, you must either serve a notice of lien within 90 days if the last day of work or be listed on a sworn statement delivered to the owner or the owner’s agent within the same 90 day period. Otherwise your lien rights are forfeited.
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