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Which should i file a construction or mechanics lein?

IllinoisMechanics Lien

I am a contractor who was approached by a client by phone to do some work on her house. Started out being just small service calls. Then she wants me to finish and fix stuff so they can put the house up for sale. All communications was by phine, text, and email as they currently are living out of state. They had always paid me so i never thought they wouldn't. She just kept giving me things she wanted done and i would do them. Well the last two invoices are unpaid and they are both 30 days over due. The husband got involved at the end and basically told me to get out and not come back till paid. Well still unpaid and now they are neither one communicating with me.b

1 reply

Apr 5, 2021

I am sorry to hear about the issues you have experienced. In general, if contractors and suppliers don't get paid on a construction project in Illinois, they can file a mechanics lien to secure payment. A mechanics lien is a helpful legal tool that provides parties that have failed to be paid with a security interest in the property.  

If you plan to file a mechanics lien in Illinois to secure payment in which you are owed, there are several important deadlines you need to keep in mind to maintain your mechanics lien rights. 

In Illinois, a mechanics lien must be filed within 4 months after completing work to be effective against subsequent property owners. If the lien is filed after 4 months but before 2 years after completion of work, it will still be effective against the original owner. Once the lien is filed, an action to enforce such a mechanics lien must be initiated within 2 years after completion of the work. The enforcement deadline of the lien is strict and can't be extended. If the deadline is missed, the lien becomes unenforceable. 

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