The Contractor's Shield:
Mastering Mechanics Liens
Whether it's $5,000 or $200,000, we have helped thousands of honest and hard-working contractors collect unpaid bills through our Lien Advisory division. Give us the necessary information, and we'll take care of the rest at very competitive rates compared to an attorney!
A mechanics lien is a powerful legal tool provided under the Illinois Mechanics Lien Act (770 ILCS 60/). It allows a party who has furnished labor, materials, services, or equipment to a construction project to file a legal claim directly against the property. The purpose of the lien is to provide security for payment.
If the contractor or supplier who files the lien is not paid for their contribution, they can initiate a lawsuit to foreclose on the lien, which could ultimately force the sale of the property to satisfy the debt. This remedy is available to a wide range of project participants and serves as a crucial protection against non-payment by property owners or general contractors.
The Illinois Mechanics Lien Act provides powerful protections to a wide array of participants who contribute to a property's improvement, ensuring they have legal recourse for payment. The primary eligible parties include:
Properly securing your lien rights in Illinois requires strict adherence to statutory deadlines and notice procedures, which differ for general contractors and subcontractors. For subcontractors, a critical first step is serving a "90-Day Notice" upon the property owner, their agent, and the lender. All parties must then record their lien claim within four months of their last day of work. Failing to meet these deadlines can render a lien unenforceable.
Proactive management is the best strategy to mitigate risks associated with mechanics liens. The most effective tool for this is the lien waiver. As a general contractor, you should always secure a partial lien waiver from subcontractors and suppliers upon making a partial payment, and a final waiver upon full payment. This provides proof that they have been compensated for their work and waive their right to lien for that amount.
Maintaining clear contracts, meticulous records of all payments, and fostering open communication with all parties can prevent the disputes that lead to liens, safeguarding your projects and your license from potential legal entanglements.
Contractors Deserve to Be Paid. File a Lien.
Understanding the complexities of mechanics liens is a fundamental component of a successful and secure construction business in Illinois. Let us help you recover what you are owed.
