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Mechanics Liens
The design and construction process is laden with risks, one of which is that those who perform work to design or construct improvements to real property will not be paid for their work. The Illinois Mechanics Lien Act (770 ILCS 60/1 et seq.) (the "Lien Act") was enacted to protect against the risk of non-payment and other risks. Pursuant to the Lien Act, a lien may exist for the value of work or materials that enhance the value of real property. If the lien remains unsatisfied, a lien holder may cause the property to be sold and may use the proceeds to pay the outstanding debt. However, the Lien Act also protects owners. For example, an owner who contracts for improvements to real property should know who is performing that work and in what amount. In fact, the Lien Act requires owners to obtain a sworn statement from the general contractor which discloses this information. When an owner does so and makes payment in good faith reliance on the general contractor’s sworn statement, the owner is protected against lien claims by subcontractors who are either not listed or are inaccurately listed on the general contractor’s sworn statement. In addition, because the Lien Act provides remedies that are in derogation of common law, it is strictly construed. As such, it is vitally important to understand the requirements for perfecting a mechanics lien claim, as any failure to do so may render the lien invalid and unenforceable.
If this sounds complex, it is because the Lien Act is technical and complex. The Howard Law Firm llc has more than a decade of extensive experience perfecting, prosecuting and defending mechanics lien claims, and have successfully represented parties with lien claims valued in the tens of millions of dollars. Our experience covers lien claims on privately owned property, as well as lien claims on the funds used to improve state and federal projects.
We invite you to explore the additional important information concerning the Lien Act on the mechanics lien pages that are linked to this website. In the meantime, please know that whether you are an owner, design-professional, general contractor or subcontractor who requires assistance related to a mechanics lien claim in Illinois, The Howard Law Firm llc can help you. Please contact us for a free consultation.