Filing A Mechanic’s Lien In Illinois

In this article, you can discover:

• The requirements for filing a mechanic’s lien
• Reasons a contractor might not qualify for a mechanic’s lien
• Legal options for contractors who are unable to seek a mechanic’s lien

What Are The Requirements For Filing A Mechanic’s Lien In Illinois?

The most important requirement for filing a mechanic’s lien is abiding by the time parameters set by law. Notice must be provided to the opposing party within 60 to 90 days after substantial completion of the work, depending on the circumstances.

The law governing mechanic’s liens is a highly technical statute. You should consult with counsel about the facts of your case to assess whether filing a mechanic’s lien is the best plan of action. Ideally, you should have a written contract and be within the legal timeframe to provide notice. Your attorney will then file the appropriate paperwork to assist you in obtaining a lien.

Why Might A Contractor Be Unable To File A Mechanic’s Lien?

The most common reason a contractor is unable to file a mechanic’s lien is that too much time has passed. You may have a prior relationship with a client and be hesitant to exercise your mechanic’s lien rights. While this is understandable, if too much time expires, you may lose your largest piece of leverage in getting payment.

Another reason you may be unable to file a mechanic’s lien is if you have missing or inadequate documentation. This could be the case if you lack a written contract or if the contract is unclear regarding the terms of payment. Additionally, if the work has not been substantially completed, the mechanic’s lien act may not apply.

Attorney Craig Donnelly is a seasoned lawyer based in Oak Brook, Illinois, who has helped countless contractors just like you navigate the intricacies of mechanic's liens. With nearly 20 years of experience helping individuals and businesses in the greater Chicago area, he is prepared to assist you with getting paid for your independent contractor work so you can get back to business as usual.

Still have questions? Ready to get started? Contact Donnelly Law LLC today to schedule an initial consultation.

What Alternatives Exist For Contractors Who Cannot Use Mechanic’s Liens?

If a mechanic lien is off the table given the circumstances of your case, filing a lawsuit for breach of contract may be l an option. The strongest breach of contract claims are cases where there is a written contract clearly describing the following terms:

1. The scope of the project,
2. The cost of the project,
3. The time parameters of the project, and
4. Payment schedules.

If you have no written contract or your contract is unenforceable for some reason, you smay till have legal options called quasi-contractual or extra-contractual remedies. One example of this type of remedy is a claim for unjust enrichment. This is the legal theory that you are entitled to payment because the owner clearly benefits from the work that you provided and would be unjustly enriched if he kept the benefit of that bargain without paying you.

Has Your Firm Helped Clients Collect Payment Without A Mechanic’s Lien?

Our law firm has represented many clients in contract disputes throughout the state of Illinois. We have achieved favorable results even without a mechanic’s lien. If you’re unable or choose not to file a mechanic’s lien due to your unique circumstances, we will help you explore other legal remedies and fight to recover the money you deserve.

For more information on Filing A Mechanic’s Lien In Illinois, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (630) 608-2124 today.