Glen Ellyn, IL Mechanic's Lien Lawyer

Attorneys for Litigation of Contractor or Subcontractor Liens in Wheaton and DuPage County

There are a variety of legal issues that can affect those who own real estate, including liens that will need to be resolved before property can be bought or sold. Mechanic's liens may be used in cases where a contractor or subcontractor was not fully paid for the work performed on a property, and civil litigation may be necessary to address these types of liens, enforce payment for work that was completed, or remove encumbrances that affect a residential or commercial real estate transaction.

The attorneys of NN Legal Group can provide legal help to property owners or contractors when litigating matters related to mechanic's liens. With our understanding of real estate law and business contracts, as well as our experience representing clients in litigation, we will work to help you resolve these issues effectively. Attorney Nicolas Nelson has been helping clients address legal issues for more than 12 years, and he is prepared to advocate on your behalf while ensuring that you understand your rights and the best ways you can achieve your goals.

Mechanic's Liens Under Illinois Law

A party that enters into a contract to perform work to improve real estate property is considered a "mechanic." These parties may include contractors, subcontractors, architects, or suppliers of materials, and if they do not receive payment for the work performed, they may place a lien on the property that will allow them to recover the money owed.

The process of initiating a mechanic's lien is different depending on whether the mechanic is a general contractor or subcontractor. A general contractor will enter into a contract with the property owner or an agent acting on their behalf, such as a tenant or lessee. If the contractor fulfills their contractual obligations by completing the work defined in the contract, and they do not receive the full payment owed, they can file a mechanic's lien. A mechanic's lien claim must be filed within four months after work was completed, and a lawsuit to enforce the lien may be filed within two years after the project's completion date. A lawsuit can be filed without filing a mechanic's lien claim, although in these cases, the mortgage lender's lien against the property will take precedence over a mechanic's lien.

A subcontractor who enters into a contract with a general contractor may also file a lien against the property if they are not paid for the work performed or materials provided. Along with meeting the same requirements as a general contractor for filing a lien claim and enforcing a lien, a subcontractor must also provide written notice to the property owner or their agent within 90 days after the completion of the project. When labor or materials are furnished by a subcontractor for a project at a single-family residence that is occupied by the owner, the subcontractor must provide written notice to the property owner within 60 days of beginning the project. This notice will provide a description of the labor or materials provided, and it will preserve the subcontractor's right to initiate a mechanic's lien if they do not receive the payment they are owed.

Contact a Carol Stream Mechanic's Lien Litigation Attorney

If you are a property owner, you will want to address and resolve issues related to mechanic's liens, since they can affect your ability to sell or refinance your property. If you are a contractor or subcontractor, you will want to make sure you meet all requirements when pursuing mechanic's liens, since failure to do so may make your claim invalid and affect your ability to recover the amount owed to you. At NN Legal Group, we can work with you to negotiate a resolution to disputes over mechanic's liens in a way that is satisfactory to all parties, or we can provide representation when litigating these matters in court. Contact our office today at 630-474-0925 to set up a free consultation and learn more about the legal services we provide. We assist with civil litigation and other legal concerns in DuPage County, including Wheaton, Glendale Heights, Bloomingdale, Addison, Villa Park, Carol Stream, Glen Ellyn, and Lombard. Hablamos Español.