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Is there anything I can include in my contract as a prelien item?

Illinois

I'm not sure if this question makes sense. I'd like to know if there is any document I can include with out contracts that advise of intent to lien if we are not paid in the time stated in the contract. Thank you in advance

4 replies

Feb 15, 2023

You ask if you can include a document (or. I assume, add langage to an existing document such as a contract) advising your customer know that you will lien the project if not timely paid.

The short answer is that you don't need to tell your customer to have that right. Illinois law automatically grants a Mechanics Lien for the value of unpaid work in place. That said, you can emphasize the point by adding a reference to the Iliinois Mechanics Lien Act, which states just what I have written above.

I hope this information was helpful. I recommend sitting down with a construction Attorney to put together the right language.

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Feb 16, 2023

The question does not make sense?

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Feb 16, 2023

 The issues you are dealing with depend on a careful review of
the contract and other writings which are part of the transaction. The moral of
your story is that a lawyer should be hired at the beginning of the transaction
to revise and draft the contract. 

Howard Gopman 

Howard Z. Gopman & Associates, Ltd. 

One Northfield Plaza, Suite 300 

Northfield, IL 60093 

847-441-1802 

   

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Feb 20, 2023
There really isn’t because the enforceability of the mechanics lien claim depends upon a timeline. You need to assert rights, under the law based upon a certain number of days from finishing work. Also, if you claim arises as a sub-contractor, i.e. someone not dealing directly with an owner, you need to send out certain notices to the owner prior to recording any lien. Those notices are also based upon a certain number of days from completion of work etc.… Thus, you really cannot put preemptive language in a contract to deal with this issue. Make sense?
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