If you’re a contractor, subcontractor, or supplier in Illinois, and you’re owed payment from a delinquent owner, a Chicago construction lien attorney can help you file a mechanics’ lien to preserve your payment rights. At Cotney Construction Law, our attorneys represent construction professionals in payment disputes. If you are owed compensation, our construction law firm can assist you.
Need Help With a Mechanics’ Lien?
The majority of construction professionals in The Prairie State have the right to file a mechanics’ lien. For example, a general contractor who agrees to contract directly with an owner has lien rights. Subcontractors and suppliers who enter into a contract with the general contractor have lien rights too. The deadlines related to enforcing a mechanics’ lien are also consistent for every professional:
- After completing work, all professionals have up to two years to enforce a mechanics’ lien with the original owner.
- All professionals with lien rights can file their lien within four months of the final furnishing of labor or materials to ensure priority of their lien.
One key difference between contractors and subcontractors is that contractors are required to provide the owner with written notice when they file their lien; however, subcontractors are required to provide other types of notices to file a lien.
Advice from a Chicago Construction Lien Lawyer on Lien Notices
If you’re a general contractor who agreed to contract directly with an owner, you don’t have to provide a preliminary notice to collect payment. Subcontractors and suppliers are required to send preliminary notices to ensure their lien rights remain valid. Specifically, these entities that didn’t enter a direct contract with an owner are required to file a 60-day preliminary notice (within 60 days of starting work on the project) and then a Notice of Intent to Lien within 90 days of the completion of work. Failure to provide either of these notices will result in the forfeiture of lien rights.
How a Construction Law Firm Can Help You
The mechanics’ lien may be the single most effective legal tool for obtaining payment from an owner. When you’re owed compensation, consult a Chicago construction lien lawyer to assist you with filing a lien. We can also assist you with the following helpful services:
- Lien Notice Requirements: Depending on the type of project you are working on and your role, you may be required to send a preliminary notice or a notice to lien after completing work. To learn more about pre-lien and lien notice requirements, consult our attorneys.
- Eligibility to File a Lien: Determining whether or not a contractor qualifies to file a mechanics’ lien in Illinois is complicated and often decided on a case by case basis. To learn more about whether or not you’re eligible to file a lien, our attorneys can assess your case.
- Options to Collect: There are several services a construction lawyer can provide to assist with payment disputes. We can draft a demand letter on your behalf or review your contract to determine other legal options like alternative dispute resolution (ADR).
- Contract Drafting and Review: Contractors, subcontractors, and suppliers should have a construction attorney review their contracts before they put pen to paper for every project they work on.
If you would like to speak with a Chicago construction lien lawyer, please contact us today.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.