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What if lien is unenforceable

IllinoisMechanics LienNotice of Intent to LienPreliminary Notice

what if i have a lien out and my lien is unenforceable? what rights do i have? its only unenforceable because we didn't sent a preliminary notice on a property with a GC employing my company. It is not a new construction. it was a remodel and i am a licensed roofer.

2 replies

Jul 27, 2020
To secure the right of file an Illinois mechanics lien, there are two potential notices that may be required. 60-Day Notice to Owner The first is a true preliminary notice, referred to as a 60-Day Notice to Owner. Subcontractors working on owner-occupied, residential projects are required to send a "Notice to Owner" within 60 days of first furnishing labor or materials to the project. Failure to do so will limit your mechanics lien rights to the unpaid balance the owner has yet to pay to the general contractor. 90-Day Notice of Intent to Lien This second type of notice is a Notice of Intent to Lien required by anyone who didn't contract directly with the owner, on any and all private projects. This needs to be sent within 90 days from the last date the claimant furnished labor or materials to the project. Failing to send this notice is fatal to your mechanics lien rights. Alternative recovery options If your lien is invalid, you still have legal options available to recover the unpaid balance. These are typically lawsuits based on breach of contract and unjust enrichment against the party that hired you. Furthermore, depending on the amount in controversy, you may be able to bring these claims in Illinois Small Claims court if the claim is under $10,000. In any case, you should consult with an Illinois construction attorney to advise you on the specifics of your situation. Good luck!
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Jul 28, 2020

If your subcontract was not honored, you have a breach of contract claim against the GC. You must file within 5 years if it was an oral contract, 10 years if it was a written contract. 

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