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A mechanics lien can be an important way to secure the money owed when construction is done but payment is not. Under Illinois law, qualifying contractors and others who provide labor, services, or materials for improvements to real property may have lien rights, but the process is governed by strict notice, filing, and enforcement requirements. O’Flaherty Law can help determine lien rights, prepare the proper paperwork and determine the best course of action to pursue unpaid amounts.
Mechanic’s lien disputes can be complicated because the deadlines and notice requirements may vary depending on your role in the project and the type of property involved. For example, Illinois law generally requires contractors seeking to preserve lien rights against third parties to record a claim or file an enforcement action within four months of completing their work, while subcontractors may be subject to separate notice requirements. Missing an important deadline can greatly affect a lien claim. Therefore, it is important to address payment issues immediately, rather than waiting for the dispute to resolve itself.
Mechanics’ lien problems are not limited to contractors trying to get paid. Property owners may find a lien which they believe to be inaccurate, excessive, already paid, or otherwise improper. Our Bloomington attorneys can assist you in filing and enforcing liens, or reviewing, negotiating, challenging or seeking the release of liens in dispute. Illinois law also provides for procedures for the release of satisfied liens and in some cases the substitution of a surety bond for the property securing a lien claim. O’Flaherty Law seeks to achieve the workable solution that safeguards your property, rights to payment and wider financial interests.
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The purpose of a consultation is to determine whether our firm is a good fit for your legal needs. Although we often discuss expected results and costs, our attorneys do not give legal advice unless and until you choose to retain us.
207 W. Jefferson St STE 313
Bloomington, IL 61701
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Yes. Because a mechanics lien creates a recorded claim connected to the property, it can create title issues that may need to be resolved before a sale or refinancing can move forward. The specific effect will depend on the lien, the transaction, and whether the claim is valid and enforceable.
A filed lien does not automatically mean the claimant is entitled to the full amount demanded. Property owners may be able to challenge the lien based on the underlying contract, payment history, quality or completion of the work, statutory requirements, or other defenses. An attorney can review the project documents and determine how the lien should be addressed.
No. Recording a lien can provide significant leverage, but additional action may be necessary if the dispute is not resolved. Illinois law generally requires a lawsuit or counterclaim to enforce the lien within two years after completion of the contract or qualifying additional work or materials. Negotiation, settlement, or other collection options may also resolve the matter before litigation becomes necessary.