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Home>Levelset Community>Legal Help>does my father, water well driller, need to file an Intent to Lien prior to filing a Mechanics Lien?

does my father, water well driller, need to file an Intent to Lien prior to filing a Mechanics Lien?

IllinoisLien PriorityNotice of Intent to Lien

my father as an independent contractor drilled a well on a newly constructed homeowners property. first well was a bust and then the homeowner gave my father permission to drill a second well. halfway through job completion, landowner told my father to stop drilling. he never paid him for any work or labor completed and he hired another competitor to drill a 3rd well. my father will be filing a Mechanics Lien on the property until payment is made. does he need to file an Intent to File first?

1 reply

Jun 29, 2020
No, under Illinois mechanics lien law ILCS 60/21 only those who didn't have a direct contract with the property owner are required to send an IL Notice of Intent to Lien. Therefore, the only deadline you need to worry about is the filing deadline, which is 4 months after the completion of the entire project (or within 2 years, but it will only be effective against the current/original owner, and not any subsequent purchasers). However, even though the Notice of Intent isn't required, we typically suggest sending one anyway. It can act as a final warning to the property owner, which more often than not results in some form of payment. If you still have time before your deadline, you should send one to the owner. Also, since it's not required, you don't have to worry about sending it in the proper manner or form. Here's a free template that you can download: IL Notice of Intent to Lien Form. Or, you can send one for free using Levelset, just click Send a Warning, input your project info, and we can take care of the rest. Good luck!
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