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Can we file mechanic's lien in IL without signed contract?

We are based in IN and we have a customer in IL. There was no signed contract or preliminary notice, but we do have the customer's signature on a change order from mid-job. Is there any way to file a partial lien on the amount of the change order? The work was done in 2019. Have we missed the window entirely? And do we have a leg to stand on if we take legal action?

2 replies

Dec 9, 2021

The Illinois Mechanics Lien Act is strictly interpreted, and requires that contractors who do work per an agreement with the owner of property (effectively, "General Contractors") must sue to enforce their rights within 2 years of the completion of work, or they lose those rights.

A written contract is not required in order to enforce your lien, but you must do so within the statutory period. Remember, even if your lien rights expire, you may still sue the owner under a breach of contract and unjust enrichment theory.

I hope this information was helpful. Best of luck!

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Dec 12, 2021

If the work was done in 2019 you have likely blown the time window to enforce a mechanics lien claim under the Illinois statute. Depending on the type of property, commercial vs residential and depending on who you dealt with, the original owner or a general contractor, certain notices to owner are required to be provided. At any rate, even if your notices to owner were provided, you only have 2 years from date you were last on the job to file suit. You are not however out of luck, you can still sue for Unjust Enrichment and breach of contract for the work you performed. And, the agreement does not need to be in writing. I hope this helps.

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