Des Plaines Mechanics Lien Attorney

Your Protection of Payment Rights

A mechanics lien is a tool that contractors, subcontractors, laborers, and material suppliers can use to get paid for work that improved real property. But, Illinois lien rights are limited by strict requirements for notice, recording and enforcement. If you miss a deadline or give incomplete information, this can weaken or destroy a valid claim.

For example, subcontractors typically have to submit a written claim within 90 days of finishing their work or providing their last extra materials. In general, a contractor must file a lien claim within four months after completion of the job so that they can preserve the lien against purchasers and other creditors. Generally, a lawsuit to enforce the lien must be filed within two years from the time the work is done. The exact requirements will depend on the claimant’s role, the property and the project.

How to Respond to a Lien Against Your Property in Des Plaines

A recorded mechanics lien may prevent the sale, refinance or transfer of property. Property owners should not assume that all recorded liens are valid. The claimant must prove the right to file the lien and comply with the requirements of the Illinois Mechanics Lien Act.

Our lawyers can review the construction agreement, invoices, payment history, change orders, lien waivers, completion dates, notices, and recorded documents. Depending on the circumstances, the owner may dispute the amount, request a voluntary release, challenge the lien in court, request that the claimant file an enforcement action, or seek to substitute the property with an acceptable surety bond.

Practical Tips for Handling Construction Payment Disputes

O’Flaherty Law represents contractors, subcontractors, suppliers, developers, businesses and property owners in issues related to mechanics liens. We can assist you in preparing or reviewing lien notices, recording claims, responding to demands, negotiating payment disputes, pursuing lien enforcement, and defending against liens that may be untimely or unsupported.

Many construction disputes involve more than one legal issue. Contract language, contested workmanship, change orders, payment terms and lien waivers may determine the result. Our lawyers work to understand the full dispute, explain your options and formulate a strategy to safeguard your financial and property interests.