To file a construction lien or mechanic's lien in Illinois as an Architectural and Engineering firm do we have to be licensed in the State of Illinois
Feb 20, 2019
That's a good question. As mentioned in the Illinois Lien and Notice FAQs, the Illinois lien statute does not specifically require licensure in order to file a mechanics lien, but in G.M. Fedorchak and Associates, the court determined that in order to file a valid Illinois mechanics lien in Illinois, an architect must be licensed to practice architecture in the state. Thus, where an architect is not licensed to practice in Illinois, the ability to file a mechanics lien for work performed in Illinois might not be available. Of course, other options for recovery might be available. Specifically, a Notice of Intent to Lien, which acts as a mechanics lien warning or threat, can be helpful to compel payment even in a situation where a claimant does not intend to file a mechanics lien. You can download a template for an Illinois Notice of Intent to Lien here.