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We did not file a subcontractor notice on time, can we still pursue a notice of intent to lien?

IllinoisLien Deadlines

We had received the subcontractor work on a tight schedule and due to that normal procedure was not followed.

2 replies

Jan 14, 2022

Since a mechanics lien is a statutory remedy with no analogue in the common law, the requirements to perfect and enforce it are strictly construed by the Courts. If you do not meet all of the statutory directives, the lien will not be enforceable. This means a subcontractor’s failure to serve notice within 90 days of last furnishing materials or labor is fatal

Having said that, you can still sue the general contractor on the job. 

Finally, keep in mind that even if you consider yourself to have been a "subcontractor," you may still qualify as a "general" if you contracted or did work pursuant to the instruction of, the owner.

In any event, I recommend speaking with a knowledgable construction lawyer before you give up on your claim. Best of luck!

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Jan 14, 2022
Not in Illinois. You can still sue for unjust enrichment and breach of contract.
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