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What you should know about mechanic’s liens in Illinois

On Behalf of | Apr 11, 2022 | Real Estate

Mechanic’s liens are highly common for any type of construction job. In this industry, things don’t always go as expected, and it’s often out of the workers’ hands. Whenever there are payment disputes in a real estate project, mechanic’s liens are the way that these workers guarantee that they still get their rightfully earned pay. It’s a legal mechanism that is there to offer payment protection for the work performed and the materials that were supplied for the project.

This type of lien applies to suppliers, subcontractors and any other type of worker who is involved in a construction job. These liens may apply to companies that work on real estate projects as well.

How to start the process

A Notice of Intent is the way to kick off the mechanic’s lien process. It’s important to be aware of the specific rules around how these liens are issued. Keeping up with all the deadlines every step of the way is crucial to having your rightful pay protected. Depending on the office where you file for your lien, there may be different requirements associated with the request as well as fees that you’ll have to pay.

When you’re putting together your Notice of Intent in Illinois, bear in mind that this must be sent out within 90 days of the final day of working or providing materials to the construction job in question. And although numerous other states have a specific template that they want you to follow for this notice, Illinois leaves it up to the applicant to gather all the right information and order it properly. Your Notice of Intent needs to include basic information such as:

  • The project address
  • Contact information
  • Materials used
  • Work performed
  • Accounting of the money owed

If you’re filing for a mechanic’s lien and worried that it’s going to be a contentious, drawn-out process, don’t worry just yet. In many cases, general contractors and other employers may not have even been aware of the payment issue. When that happens, the Notice of Intent is enough to fill them in about the problem and rectify it.