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IllinoisMechanics Lien

Good afternoon! We're an architectural firm in Illinois that was hired by the GC/Owner's Rep. for two projects; we have not received any payment for either project. First invoices were issued in November, 2020 and December, 2020. Total amount due is over $80K for both projects combined. Our Client claims that numerous checks were intercepted and fraudulently deposited. Our last communication with the Client was via email on 6.21.21 when she informed us that the funds would be deposited into her account between 48 and 72 hours and she was going to deliver the checks to our office personally. That didn't happen. I left several voicemail messages and sent several emails and have not heard back from our Client. We have never filed a lien before so I need assistance with selecting the correct form and completing it as well. Are we required to file a notice of intent prior to issuing the formal lien? Thank you! Hank!

3 replies

Jul 19, 2021

You wish to file a Mechanics Lien for unpaid Architectural work. Your specific quesitons are:

  1. What "form" do you need (and how to fill it out); and
  2. Must you file a "Notice of Intent" before filing a lien.

Short Answer: you can file a General Contractor Mechanics Lien. A "Notice of Intent to Lien" is more a tactic than a legal requirement.

Longer Answer: Mechanics Liens are full of traps for the unwary, and what you didn't know you didn't know can have consequences down the road for enforcement. I would recommend you consult with an experienced Attorney - especially given the sums that are due.

I hope this information was helpful. Best of luck!

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Jul 20, 2021

If you are not in contract directly with the owner but rather the owner’s general contractor, you are considered a “sub-contractor” under the Illinois Mechanic’s Lien Act. Based upon the dates, you were required to provide a notice to the owner within 90 days from the date you completed the work. That time period seems to have passed so its likely that you no longer have any lien rights. If that’s the case, not all is lost as you can still sue the homeowner for unjust enrichment and breach of contract.

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Jul 20, 2021
It is hard to say. You describe your contracts as entered into with the GC Owner's rep. If you are a subcontractor, as in hired by the GC, you are required to serve a 90 day notice unless you were listed on a sworn statement for the amount you are owed for each project, but not necessarily before you file a lien. If you were hired by an agent of the owner, you are likely not a subcontractor and notice is not required. However, your description of your upstream contractor as the owner's rep may not be accurate.

Moreover, the date of the first invoice is much less important than the last day of alienable work.
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