Menu

Lien rights

Illinois

I am a general contractor working in Iowa, Illinois and Wisconsin. We do restoration work and in most cases invoice for emergency services when they are complete. Occasionally the lien deadline on emergency work approaches while the rebuild work is in progress. Does the lien deadline extend if we are still onsite performing work?

2 replies

May 13, 2022

As an Illinois Attorney, I can only answer with respect to Illinois law, although I suspect that the answer would be similar in Indiana and Wisconsin.

Your question comes down to whether the time-periods prescribed by the Mechanics Lien Act can be extended ("tolled") while work is being performed. Strictly speaking, the answer is "No," but that is because the time does not begin to run until work is completed or you leave the job. If you are still working, the period has not begun to run.

Illinois law provides that notice of a mechanics lien claim must served on all necessary parties within 4 months to be effective against the curren owner, and any subsequent owners, of the property. If parties are notified more than 4 months, but less than 2 years, after completion of work, it will still be effective against the original owner. 

Finally, while filing a lien claim with the Recorder of Deeds constitutes one form of notice, proper statutory notice involves more than merely filing the lien: keep that in mind.

I hope this information has been helpful. Best of luck!

1 person found this helpful
Helpful
May 17, 2022
I can only speak to the Illinois Statute as I do not practice in Iowa or Wisconsin. In Illinois, the lien date notice begins to run from the date you’ve last performed work on the site. If you are dealing directly with the owner of the property, under Illinois Law, you are considered a General Contractor. If not, you are considered a Sub-Contractor. The statutory notice to owner requirements are different for a GC vs a Sub. Again, in either case, your lien date starts to run when you last performed work. I hope this helps.
0 people found this helpful
Helpful