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Whether you are a general contractor or subcontractor, we will protect and enforce your lien rights efficiently and affordably. Our Naperville mechanics lien lawyers will draw upon their extensive construction law experience to ensure you not only a successful lien but a painless repayment as well.
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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.
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In this video, our Naperville mechanics liens lawyers discuss the process of obtaining a mechanics lien in Naperville civil courts.
We further explain the difference between private and public project mechanics liens, as well as the differences between subcontract and general contract liens. We also provide some insight into the filing process, the notice and enforcement duties, and deadlines for a mechanics lien.
Read the full article on perfecting mechanics liens by our Naperville mechanic liens lawyers.
In this article, our Naperville mechanics lien lawyers discuss Guaranteed Maximum Price (GMP) construction contracts in Illinois.
We examine the terms that should be in Naperville real estate and construction contracts, including scope of work, costs, and bonds. It's of critical importance for both sides to understand these terms to ensure there is no misunderstanding of the nature of the work being done.
In this article, our Naperville mechanics lien lawyers discuss how to avoid committing home repair fraud. We explain the requirement that contractors repairing or remodeling a home provide the homeowner with a consumer rights brochure as well as guidelines for the content of the consumer rights brochure. We also discuss the requirement of a contract for home repair or remodeling, as well as the right to cancel a contract for home repair or remodeling within 3 days (even if work has begun).
Read the full article by our Naperville mechanics lien lawyers on home repair fraud.
A mechanic's lien (also known as a construction lien) is a legal claim against real property that can be filed by contractors, subcontractors, material suppliers, architects, and engineers who have contributed labor or materials to a project but have not been paid. Under the Illinois Mechanic's Lien Act (770 ILCS 60), a perfected lien attaches to the property and can cloud the title — preventing sale or refinancing until the claim is resolved. Contractors must file their lien claim with the county recorder's office within 4 months of their last date of work or final furnishing of materials. Subcontractors must provide a Notice to Owner (or Owner-Contractor) to preserve their lien rights. Once filed, the lien must be enforced by filing suit within 2 years. Learn more about Illinois mechanic's liens.
When a mechanic's lien is filed against your property, you have several options. If the lien is valid and the debt is owed, you can pay the unpaid contractor or supplier and obtain a lien release. If you dispute the lien, you can file a petition with the circuit court to discharge or reduce the lien, challenging whether the amount claimed is correct, whether proper notice was given, or whether the lien was timely filed. You can also post a bond to substitute for the lien, releasing the property from the encumbrance while the dispute continues. Property owners who paid the general contractor in full but are still facing subcontractor liens have additional defenses under Illinois law. Acting quickly is important — liens can delay or derail real estate transactions. Contact our Naperville mechanic's lien attorneys immediately after a lien is filed.
Property owners can take several proactive steps to minimize exposure to mechanic's lien claims. Before any project begins, require all contractors to waive lien rights upon payment by requiring lien waivers at each payment milestone. Use a construction contract that requires the general contractor to provide proof of payment to all subcontractors before receiving the next draw. In larger projects, consider requiring a performance bond and payment bond — the payment bond specifically protects against unpaid subcontractor claims. Always make joint checks payable to both the general contractor and the subcontractor for significant subcontractor work. When closing on a property sale, ensure that all mechanic's lien periods have expired or obtain a title insurance policy that covers potential lien claims. Our Naperville mechanic's lien attorneys can help structure your protection.