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I WAS PRIMARY CONTRACTOR ON ILLINOPIS PROPERTY. HOW MANY MONTH AFTER COMPLETION I HAVE TO FILE A MECHANICS LIEN?

IllinoisMechanics Lien

I WAS PRIMARY CONTRACTOR ON ILLINOPIS PROPERTY. HOW MANY MONTH AFTER COMPLETION I HAVE TO FILE A MECHANICS LIEN? WITHIN 2 YEARS AFTER COMPLETION WHAT DOES IT MEAN TO PREVAIL OVER ORIGIONAL OWNER? CAN I STILL FILE IF IM PRIMARY CONTRACTOR AFTER THE PROJECT WAS COMPLETED ABOUT 6 MONTH AGO? 4 Months Must be filed within 4 months after completion of work to get priority over owner and third parties. Within 2 years after completion of work to prevail over original owner.

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Nov 6, 2019

There are two different deadlines for filing an Illinois mechanics lien. Which deadline the mechanics lien is filed by will determine who the lien is enforceable against. This is a relatively common point of confusion for Illinois contractors. Let's take a look at both deadlines, and the implications of each.

2-Year mechanics lien filing deadline

This deadline is can be viewed as the "default" or standard filing deadline. An Illinois mechanics lien must be filed within 2 years of the last day of furnishing labor or materials to the project. This is along time to file compared to many other states. But keep in mind, that this deadline is firm. If a contractor doesn't file within the 2 year period, they will no longer have the right to file a mechanics lien. A mechanics lien that is properly filed within the 2-year span, the lien will be enforceable against the property of the owner who contracted the work. The key phrase here being "the owner who contracted work."

4-month mechanics lien deadline

So, what if the property is sold or transferred? Mechanics liens attach to property, not to people. Will the lien still be enforceable? Illinois lien law attempts to solve this problem by providing the 4 month filing deadline. If the lien is filed within 4 months of the last furnishing of labor or materials, the lien will be enforceable against the original owner, and any subsequent property owners. If you have any other questions, feel free to reply here again. Or check out our Step-by-Step Guide to Filing a Mechanics Lien.

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