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IL Notice of Intention to file lien

I'm not an attorney and new at completing the lien paperwork. Since we generally do not work for the property owner, but the tenants. I'm new to this...Completing the Notice of Intention to File Lien in IL BDA is the GC or Prime Contractor and Claimant. Doing a remodel for a Franchisee in a mall owned by another party. So the Franchisee would be be the hiring party and the mall owners the property owner. Also how detailed does the "SERVICES" need to be? Also with the "PROPERTY", do I need to contact the county to obtain the legal address or is the street address sufficient?

1 reply

Jun 4, 2018

That's a good question - and navigating lien and notice requirements (including the forms themselves) can be a headache. Regarding the Notice of Intent to Lien, the requirements for this document are a little vague under the Illinois mechanics lien statute. However, § 60/24 of the Illinois lien statute (which creates the Notice of Intent to Lien requirement) calls for a "substantial description of the property." While this phrase could appear to mean any number of things, other areas of the statute call for a "legal description" of property. Thus, because the requirement for a Notice of Intent to Lien calls for a "substantial description" rather than explicitly for a "legal description," it follows that a Notice of Intent to Lien probably does not require a legal description, but merely requires a description sufficient to identify the property. Often, an address is sufficient for such a description. Of course, the safest option may be to include a legal description, but that's likely not necessary. Regarding services, the statute calls for a claimant to "state here what was the contract or what was done, or to be done, or what the claim is for." Typically, excruciating detail may not be necessary, but the description should be sufficient to notify the party in receipt of the work the claimant has performed on the project.

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