I'm a subcontractor, provided labor (installation of mechanical solar) in IL, last day on site 12.3.21. Receivable 50 days past due (80 days from invoice). Site owned by School District, but work contracted with GC. Can a mechanic's lien be used? We provided labor and have open Receivables on 2 projects/sites with the same customer. Will 2 liens be required?
You are a subcontractor that worked for a GC that improved a site that is owned by a School District. In contrast to work on private property, with respect to which a subcontractor must give notice within ninety (90) days of the completion of work, or the date when you were not paid; work on public property is different.
Work done to improve public property does not involve a "Mechanics Lien" per se, but rather a claim against the Payment Bond that the public body makes the General take out. These rights must be asserted, and notice given, in accordance with the Illinois Prompt Payment Act.
Notice must be sent to the Clerk or Secretary of the political subdivision letting the contract, as well as to the GC. This means to the Clerk or secretary of the county, township, school district, city, municipality, or municipal corporation letting the contract; or with the Director or other official responsible for letting the contract, if the contract is with the State.
I hope this information was helpful. Best of luck!
Thank you so much for your response. Would you suggest this process would be easily navigated for a novice? Recommendation?
Irene