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Questions re Lien Perfection/Enforcement based on Non-Complaint Notice of Intent to Future Owner/Occupier of Residence

IllinoisMechanics Lien

For a to-be-owner-occupied residence: May a subcontractor's lien be valid if the IL Notice of Subcontractors Claim/Mechanic's Lien Claim is not prepared or served within 90 days, and, on its face, the alleged last date on which materials were delivered is more than 90 days from the called date on which the Notice was created? What if that same notice also contends certain labor and materials were delivered; but, such labor and materials were indisputably not delivered - potentially through no fault of the subcontract (fault lying with GC)? May a subsequent lien be perfected/enforced?

3 replies

Aug 13, 2021

I am not certain I understand your question, but here is what I believe you are asking: 

"Is a Subcontractor's Mechanics Lien valid if perfected more than 90 days after the last labor and materials were delivered?" 

  • Short Answer: No - the Illinois Mechanics Lien Act is strictly construed. No getting around its limits.
  • Longer Answer: Maybe, if a case can be made that the 90-days really did not start running until sometime later (resulting in the lien being noticed and perfected within 90 days"

Because this area of law, and your question, is so dependent on the facts, I recommend putting together a detailed history and discussing it with an experienced Attorney.

I hope this information was helpful. Best of luck.

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Aug 13, 2021
Thank you! On the face of the NOI, the date work was completed is appx 115 days before NOI was prepared. So, based on your Short Answer, subcontractor should not be able to perfect its lien as a matter of IL law. If subcontractor attempts to file a lien, I will know who to call. Thank you so much for your help!
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Aug 16, 2021
It may be valid if and to the extent the sub is listed on a contractor’s sworn statement.
 
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