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Can sub contractors only file liens against the developer and not the home owner

IndianaMechanics Lien

Hello I am having a home built by a developer in Monroe county. I will have no involvement with the developers sub contractors nor make any direct or joint payments to them. Since I am not involved with the subs at any level do the subs have any legal rights to file a lien against the property after we close with the builder? I asked the builder for waivers of liens for each subs work but he is reluctant to do it because it is to involved. I could ask for a clause in the contract for the builder to state that all subs are paid in full but i don't know if that will do any good. Thanks in Advance Tom

3 replies

Jan 13, 2022

Please give my office a call 260-782-1712. I think I need some additional facts regarding your case to assess what is going on. A sub-contractor is required to provide preliminary notice within 30 days of first furnishing labor and/or materials in order to have a basis to file a mechanic's lien within 60 days of last furnishing labor/material. Also, typically, waiver of lien provisions are unenforceable unless it complies with the statute. I look forward to speakign with you about your legal issue. Best, Nick

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Jan 13, 2022
Thanks for your response. Will call early next week, I am on the road now
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Jan 14, 2022
Is this residential or commercial property? Either way, a sub-contractor does have lien rights provided they comply with the Illinois Mechanic’s Lien Act.
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