I have question. I'm homeowner, and found contractor through Craigslist for bathtub refinish in my property. I paid deposit and left technician alone on my property, and back when he called me and said work is done. But it was not, he didn't done it, he ruined my bathtubs at all, also floor near bathtubs was in paint. He said if I would not pay to him - he will put mechanics lien on my house. So how's relevant is it? From his side - he did his job, but from my side, he ruined everything and I need to replace a bathtub. I already did couple estimation with others construction after this incident. From my side I have lost (deposit, my time, my bathrooms), from his side - he spend time and paint. So Is it eligible to put a lien on someone property without court decision?
In Illinois, if contractors and suppliers don't get paid on a construction project they can file a mechanics lien to secure payment. However, a mechanics lien is a legal tool that provides unpaid parties with payment if the party has provided labor or materials for property improvements.
We receive this question quite frequently, yet proving that workmanship is below par will require expensive and extended litigation, due to these types of issues requiring a full-blown trial. When a mechanics lien is filed, it ties up the property and has consequences to the owner and prime contractor immediately. If an action is filed challenging the lien claim that it is improper because of workmanship issues, the challenging party will have a very hard time prevailing. Courts typically don't entertain factual arguments that require full-blown trials in summary mechanic lien removal proceedings.