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Illinois Questions
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Illinois
I want to know if Illinois allows or prohibits waiver of lien conditional upon payment, with payment defined as the owner's check clearing.
IllinoisMy IL company had a junior lien against a property. Later the property was sold in a short sale without addressing our lien. Title company admits they missed lien, but won’t pay. Because they say there was no money left for us. Can they do that? Is our lien now the superior? Or are we subordinate to the new bank?
Thank you!
IllinoisA small business owner I went to high school with offered to do some general contracting work for me to remodel my bathroom and kitchen. I gave him and his team approximately 1 full month to do the work while I was out of the state, and after returning it became clear this project would take a while longer. Every two weeks, I was told it would take another two weeks. It ended up taking 5 months in total as the GC routinely did not show up or was working on other projects.
During this time, I repeatedly asked for estimates and pricing information to get things done but at the beginning we had discussed a range of total budget costs. As the work was being done, he filled out a spreadsheet and then asked for money. After the end of the 3rd month, what I had allocated to labor costs in my budget had been reached and I told him what I wanted completed before giving him any more money. I also asked for estimates on how much would be needed.
After while it became clear to me that he was intending to charge far too much money for everything, based on the feedback of my neighbors, friends, and family. I looked it up online and arrived at the same conclusion. It also became apparent that this contractor was taking advantage of the credit card I had set aside to handle materials purchase, for which I have multiple records of fraudulent charges unrelated to the job and that I did not authorize. I was working from home almost every day to be attentive to their activity, and I can confidently say that no more than an average of 15 hours of labor were accomplished each week.
At this point I decided that the best thing to do was to get my money's worth and finish as much as possible before he cut and ran off with all of the money and <50% of the work done. I managed to convince him to have a subcontractor finish more of the work, though the end product is far from finished. It took them another 2 months, but finally I got my key back.
After the last day of completed work and the key hand off, the GC started requesting money from me in the form of Chase Quickpay. You see we never had a contract, and he never got any signatures. The best we have is a poorly-formatted, mathematically incorrect excel document with arbitrary values for arbitrary units of work. Based on my own ability to read and categorize the labor, it appears he has charged me somewhere between 200-250% of market prices for similar work. It also turns out his businesses only reviews online are 1-star and describe similar situations to mine.
Now his lawyer has sent a letter of intent to file a Mechanic's Lien on my property for the remaining balance. Of the total balance, I have paid around 60% of it and to me that constitutes a value greater than market price already. What should I do?
IllinoisI WAS PRIMARY CONTRACTOR ON ILLINOPIS PROPERTY. HOW MANY MONTH AFTER COMPLETION I HAVE TO FILE A MECHANICS LIEN?
WITHIN 2 YEARS AFTER COMPLETION WHAT DOES IT MEAN TO PREVAIL OVER ORIGIONAL OWNER?
CAN I STILL FILE IF IM PRIMARY CONTRACTOR AFTER THE PROJECT WAS COMPLETED ABOUT 6 MONTH AGO?
4 Months
Must be filed within 4 months after completion of work to get priority over owner and third parties. Within 2 years after completion of work to prevail over original owner.
IllinoisCan a public adjuster file a mechanics lien? How much time do they have from the date they met with the insurance company adjuster? Or from the date that contract has been signed. Homeowner received a check from the insurance, but decided to no proceed with the repair, but to keep the money to himself. There was no additional work performed by the adjuster.
IllinoisIf a small business owner has his son perform minimal hours of work at a job site, is he required to pay prevailing wages to his son?
IllinoisIf a general contractor gives me a lien waiver for work he subcontracted, do I need a lien waiver directly from the subcontractor (like plumber, electrician or material provided like for HVAC etc) or is the lien waiver from the contractor good enough? It is the general contractor with whom I am dealing directly and I have no contact with the sub contractors except when I visit the site
IllinoisI received some final invoices from my contractor for cosmetic home remodeling. I withheld partial payment because I felt some of the invoices were padded. He gave me proposals and then came up with invoices for extra work that he claimed were not part of the orignal bid. He has not cashed my check but just sent me a Sworn Contractors Statement. Not sure what the next step is.
We never signed a contract and he never gave me a copy of "Home Repair: Know your Consumer Rights."
IllinoisMy question is:
We are a business who services and installs garage doors etc located in Missouri. We go into Illinois, if we are doing basic service work at an Illinois public school, are we required to pay OUR employess the prevailing wages for that county in Illinois.
IllinoisHello - We are the GC on a lot of schools & the school districts do not allow for waiver of subrogation. I have received a COI that has the WOS listed but also says WHEN REQUIRED BY WRITTEN CONTRACT. Does that mean the WOS isn't enforced if the contract doesn't allow it?
IllinoisI did work for a "friend" without a signed contract. It was done on a handshake. Now the guy doesn't want to pay me what is owed. Can I put a lien on the property
IllinoisIIllinois. Verbal/text contract. Can a lien be placed on a property owner by contractor or subcontractor that is unlicensed, uninsured, did not obtain permit from Village for poor and incomplete work on structural frame with rot/mold?
IllinoisGC with very basic time and materials contract with property owner of single family home in Illinois. Work was completed, including by subcontractors, and client paid by personal check. Later that day, client started complaining that several things requested to be completed hadn't been done. Following day client claimed minor damages (paint splatter, scratches, etc) and demanded partial refund. If check is ultimately returned by bank for stop payment request or non sufficient funds is filling a mechanics lien still an option or would it be an improper filling because they "paid" and I would have to instead pursue remedies related to bounced checks?
Also, would your company costs and county costs for filling a lien be able to be added to the lien claim amount?
Property is being listed for sale this week.
IllinoisHello,
Are prevailing wages owed if the funds to complete repairs originate from an insurance claim?
Thank you,
Blake Mears
IllinoisWe have performed work on a commercial building in Lake County< IL.
1. Notice of lien rights was not served upon beginning work.
2. Additional work was performed more than 4 months after the original contract work was completed, but less than 90 days of completion.
3. Are we still within the 90-day period to provide notice of lien rights, including notice of intent to lien?
Section 6 of Illinois 60 Mechanics Lien Act stipulates, "...work done or material furnished within 5 years from the commencement of said work..."
Section 7 stipulates, "...unless within 4 months after completion, or if extra or additional work is done..." and continues with, "...within 4 months after the completion of such extra or additional work...bring an action to enforce his lien..." "...Such claim for lien may be filed at any time after the claiman's contract is made...and within 2 years after the completion of the contract...or any extra work."
Illinois