Menu
Home>Levelset Community>Legal Help>I've filed a mechanics lien in the state of Illinois through Levelset, what are my next steps?

I've filed a mechanics lien in the state of Illinois through Levelset, what are my next steps?

Illinois

I had a verbal agreement to paint a house, the contractor did not pay me on time as scheduled and did not provide materials as scheduled preventing me from completing the rest of work as scheduled, all while adding additional work to the original agreement.

3 replies

Jul 6, 2022

You ask how to proceed after a "Notice of Mechanics Lien Claim" is produced. The answer will depend on whether you filed the notice with the County Recorder, sent notice in the manner prescribed by the Mechanics Lien Act, and "perfected" your claim. 

You entered a verbal agreement with a contractor, making you the sub. Subcontractors must give notice of their lien claim to the owner of the property and its lender(s) within 90 days of the last day of work. Failure to issue timely notice wlil invalidate a claim against the property.

But, regardless of whether your subcontractor Mechanics Lien claim was properly perfected, you nonetheless have the right to sue the nonpaying party with whome you contracted (here, the GC). That right is not cutoff.

Since there are a number of options to sort through, and any numbef of facts to nail down, I recommend you consult with knowledgable construction Counsel to discuss moving forward. Best of luck!

0 people found this helpful
Helpful
Jul 12, 2022
You can attempt to resolve the matter with the contractor. If you are unable to do that and you properly perfected your lien, you can file suit to foreclose the lien, for damages under Section 28 of the lien act and for breach of contract. To do so, you must name as defendants the contractor and all parties who have an interest in the subject real estate.
0 people found this helpful
Helpful
Jul 12, 2022
What is the question?
0 people found this helpful
Helpful