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Lien?

IllinoisMechanics Lien

Does the lien expire or is it a one time fee? Also can those lien fees be added to what they owe us?

2 replies

Feb 22, 2022

First, I am not sure what you mean by "Does the lien expire..." The fees to prepare, mail, and record a Mechanics Lien constitute costs that are paid once. A Mechanics Lien may not be extended or renewed like a Judgment Order. Mechanics Liens expire 2 years after the last day of work.

Second, as noted above, fees associated with the creation, mailing, and recording of a Mechanics Lien constitute "costs" for which you may seek reimbursement, but are not automatically incorporated by the Mechanics Lien Act.

I hope this information was helpful. Best of luck!

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Feb 22, 2022
A properly perfected mechanic’s lien does expire. Generally, the lien claimant has two (2) years from the date the work was last performed to file a lawsuit to enforce the lien. If a lawsuit is not filed, the lien claim is barred by statute. The contractor can still sue for breach of contract and unjust enrichment/quantum meruit so not all is lost. And yes, under the Illinois Mechanics Lien Act, the claimant can recover attorney’s fees and certain expenses to enforce the lien. I hope this helps.
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