When can I file a Lien

When can I file a lien on a rental project? When all the material is returned or while the material is still on site? the project is in Illinois.

1 reply

Aug 19, 2020

In Illinois, a mechanics lien must be filed within 4 months after completion of work to be effective against subsequent property owners, but may be filed up to 2 years after the completion of the claimant's work and still be effective against the original owner. Note, however, that these are deadlines that set the boundary for the latest a lien can be filed. The clock for filing a lien starts once the claimant has a lien right, that is, once the claimant has supplied labor or materials to a project for which s/he hasn't been paid. Also, in Illinois, a party who rents equipment for use on a construction project is generally only entitled to mechanics lien protection if the material "is [actually] used on or about the site of the improvement." However, this limitation doesn't apply "if the improvement is either a single family residence or a multi-family residence of fewer than 12 units in a single building."

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