mechanic’s Lein Instructions and costs

3 months ago

I am a small contractor. Unfortunately I have to place Leins on properties that do not pay from time to time.

Need nhelp doing so and cannot afford to pay alot of money.

Additional info about this contractor
Project Role: Owner
Project Type: Commercial
Attorney and President Shipley Law Group, Ltd.
1 review

My office represents numerous general and trade contractors, handling lien claims is included within the scope of work. I would be happy to answer your questions and work with you to make certain the liens are properly filed as well as, if you work from time to time as a sub-contractor, that the Section 24 Notice of Claim for Lien is also properly served. Please feel free to contact me at robert.shipley@shipleylawgroup.com or 312-527-4545.

Thank you.

Owner Attorney Law Offices of Frederick A. Lurie
I can help. I have been filing and litigating mechanics liens for years. I charge a reasonable fee which includes the recording fee and service of the ;lien and notice, if required. But I cannot quote you a fee in this message because the charge depends in part on the nature of the job and the property in question. If you would like to discuss the matter, feel free to call me.
Legal Associate Levelset
141 reviews

Illinois Mechanics Lien Process

The process to file an Illinois mechanics lien is fairly straightforward. But there are specific requirements and deadlines that’ll need to be met in order to have a valid claim. Here’s a quick breakdown with everything you need to know.

Notice requirements

First and foremost, preliminary notices aren’t typically required to secure your lien rights in Illinois. However, if the project is a single-family, owner-occupied residence; a preliminary notice must be sent within 60 days of starting work on the project.

In any event, if you’ve been experiencing payment problems and are ready to file; you’ll first need to send an IL Notice of Intent to Lien. This is a required document that must be sent to the owner within 90 days from the last date you furnished labor or materials to the project. This notice needs to be sent by certified mail, return receipt requested, with delivery restricted to the addressee only.

Filing an Illinois mechanics lien

Once that notice has been sent, and payment still hasn’t been made, it may be time to file your claim. Your lien claim will need to be filed in the County Recorder of Deeds in the county where the property is located. Here is a list of all IL county recorder offices. The filing fees for a claim of lien in Illinois can vary depending on the county, but it’s usually under $60.

As far as timing, there are technically two different deadlines to file in Illinois. If filed within 4 months of the completion of the project, the claim will be enforceable against the current property owner, and any subsequent purchaser. If filed within 2 years of completion of the project, it will be enforceable only against the current owner.

Lastly, once the claim of lien has been filed, you may have to send notice that the claim was filed. But only under certain circumstances. If you are a direct/original contractor on an owner-occupied, single-family residence this should be sent to the owner within 10 days after the claim is filed.

What’s next?

That’s pretty much a brief summary of everything you need to do to get your claim filed!

One last thing to note. An Illinois mechanics lien is only valid for 2 years after the completion of the project. If you haven’t been paid within this timeframe, you may want to consider filing an enforcement action. This is a full lawsuit, and you should likely contact a local attorney to help you with this process.

Good luck!

Here are some additional resources you may find helpful:

Disclaimer: Disclaimer: NOTE. The information presented here is for informational purposes only. It is not legal advice and should not be construed nor relied upon as such. Furthermore, this posting does not create an attorney-client relationship. If you need legal advice, seek the counsel of a licensed, local attorney.
1 found this helpful
Your answer or comment:
Are you a Registered Expert?
You are not logged in and will be posting
anonymously. Log in Now
Get answers from construction attorneys and payment experts
120 Character Limit