The previous owner of my condo had a contractor do work on his deck in October 2019. They invoiced him in November 2019 for the same work. He did not pay the bill (and did not disclose it when he sold the property to me in March 2020). The contractor is now contacting me saying they need to be paid or will file a mechanics lien. It has been over 12 months since the work has completed and the previous owner is still refusing to pay. If the contractor does file a lien, will it be enforceable against me?
A mechanics lien is a claim against the improved property, therefore yes, the owner is involved, but really you are just along for the ride. In your case as the innocent third party that purchased the property in question, you will generally be liable to satisfy the lien claim and will need to seek recovery from either the original owner or potentially the title insurance company.
However, the liability of an innocent third-party buyer can be limited through a state's specific mechanics lien law. For example, in Illinois, the mechanics lien sets out two completely different lien filing deadlines. The two deadlines restrict the liability of a third party purchaser by shortening the time period in which a lien may be effective. The deadline that a lien must be filed to be effective against all parties is set at 4 months after the claimant's last furnishing of labor or materials to the project. If the lien was filed by that deadline, it doesn't matter whether the property was sold. If the lien was filed after the deadline, however, there is a secondary deadline. The secondary lien deadline in Illinois allows a claimant to file a lien up to 2 years after they last furnished labor or materials to the project. Yet, any lien filed after the first 4-month deadline but within this extended period is only effective against the original owner's interest in the property. Therefore, if the property was sold prior to the lien's filing, the claimant is out of luck and the third party purchaser and the original owner are both off the hook!
It is likely that an Illinois construction attorney can assist you further in regards to the next steps.
Good luck!