"Strict compliance with the provisions of the [Mechanics Lien] Act upon which the right to a lien is based is therefore necessary."
Board of Library Trustees of Village of Westmont v.Cinco Construction, Inc., 276 Ill.App.3d 417 (1st Dist., 1995)
Deadlines
Illinois law requires that an unpaid contractor or sub –
contractor act quickly to preserve his or her Mechanics Lien rights.
The deadline for your particular case depends on the relationships
between the type of property involved and your relationship with
other parties involved in the project.
In some cases, to fully protect your Lien Rights it may be
necessary for you to take action immediately upon having signed
your contract. In some cases, even though you have not been fully
paid, it may be too early to record your Claim for a Mechanics Lien.
A careful review of all the related facts by an attorney
experienced in Construction Law and Mechanics Lien Law is
necessary to determine the correct dollar amount and time
deadlines for your Claim for Lien. An attorneyʼs review and
gathering of these facts can also take time, including the time
necessary to conduct or obtain a title search on the property where
you did your work. A title search is absolutely necessary to not only
provide an accurate legal description of the property, but also to
identify the true owner of the property, any mortgage(s) on the
property, the date when the property may have been converted to a
condominium, etc.- all of which may affect your Lien Rights. In
some cases, not all of your work may be lienable.
If you have not been paid on time, delay in perfecting
your Lien Rights can be fatal to your chances of getting paid.
Do not hesitate to call me if you have any concerns that you may
not be paid for your work or materials.
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