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Can I file a mechanics lien on a property that last date worked was 8/1/2019

IllinoisMechanics Lien

Who - Regarding a customer who repeatedly informs us his brother is a layers. What - Repeatedly has told us he didn't receive insurance depreciation, thus why hasn't paid us, but recently found out that was a lie. Why - The last date worked on the home was 8/1/2019 and want to file a lien against property but need 100% confirmation that this is legal. We are a general contractor. How - If I can legally file do I have to send letter of intent or can i just file in the state of IL? Lastly we never charged late fees based on our terms and conditions thinking he never got the money from the insurance carrier but now that we know he lied, can I add late fees legally to the lien total? Thank you :)

2 replies

Jun 4, 2020
An Illinois mechanics lien technically has two different filing deadlines. If the claim is filed within 4 months of completion of the project, then it will be enforceable against any subsequent purchasers of the property. The very latest an IL mechanics lien can be filed is 2 years after completion of the claimant's contract. This will only be enforceable against the current property owner. As far as the Notice of Intent to Lien, only parties that didn't contract directly with the property owner are required to do so. But, it may be a good idea to send one anyways. This can inform the owner that you are serious about enforcing your rights, and will file your claim if you aren't paid. Lastly, concerning the amount in an Illinois lien, the statute states that the claim should list the balance due after allowing all credits. Since the statute is written fairly broad, some interest or other fees may be included. However, including additional fees or amounts can be risky, so proceed cautiously. This guide should be helpful:
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Jun 4, 2020
A contractor has 2 years from the last day of work to file a mechanics lien. The statute of limitation to file suit to enforce a lien is the same period of time. That said, a lien should always be filed within 4 months. A lien filed after 4 months can be enforced against owner but not third parties.
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