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Lien deadlines

IllinoisLien Deadlines

We are subcontractors and are not getting paid. Missed the 60 day notice on residential property in Illinois can we still file a mechanics lien? Haven't received a dime. Notice of Intent has been prepared by Levelset and is ready to go out.

4 replies

Oct 29, 2021

You mention you are a subcontractor, but that you missed the "60 day notice" cutoff. Not certain what you mean. Subcontractors must provide written notice within 90 days’ of the last date of work. That notice must state the amount due or to become due, and the notice should be provided to the owner of record and each known lender holding a mortgage on the property. As long as you are within 90 days ofyour last day of work, you should be good to go. 

I hope this information was helpful. Best of luck.

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Oct 29, 2021
I was informed on residential property you had to file the preliminary 60 day notice in order for the mechanics lien to be inforcable.
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Nov 8, 2021
If you missed the statutory deadline, you cannot pursue the mechanics lien claim. That does not mean however that you are without any remedies. You can still file a lawsuit for breach of contract and unjust enrichment against the homeowner and/or General Contractor.
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Nov 8, 2021
Failing to serve a 60 day notice for an owner occupied residence does not bar a lien claim. However, your lien will be reduced to the extent that the owners have been prejudiced by not receiving notice.
 
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