Menu
Home>Levelset Community>Legal Help>Can I file a lein if the material is not delivered, but it is produced

Can I file a lein if the material is not delivered, but it is produced

Illinois

We are a truss manufacturing company and have an order that has been built. Not all of it has been delivered, but it is all built. There are payment issues between owner and general contractor so general contractor is not taking the rest of what is built. Can we file a lein on the property?

1 reply

Apr 20, 2023

As a rule, only items that are incorporated into the project are 'liable.' Items not installed can form the basis of a contractual action, but not necessarily a Mechanics Lien. For instance, the Uniform Commercial Code gives a strong right of payment to manufacturers or retailers of "custom" items. Your Trusses may fall into that category. To be on the safe side, however, I recommend consulting with a construction lawyer and breaking down your claim so that the lawyer can help you determine, with specificity, if the claim is lienable or how to collect.

Sorry I cannot get any more specific, but the details make the difference. It is worth having that consultation. I hope this information was helpful. Best of luck!

0 people found this helpful
Helpful