Construction Act Form 7 In Chicago
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In today's Freedom Friday blog and email newsletter, I'm answering the question, “Can I be sued for breach of contract if I did not sign?” The short answer to this question, is yes, you can be sued for breach of contract if you did not sign or agree in writing, but you may have certain defenses.
The Illinois Mechanics Lien Act does not require a written contract in order for an unpaid contractor, subcontractor, or supplier to have lien rights.
3 min read updated on September 19, 2022. A no-lien contract contains a clause that allows a party to waive its right to file a mechanics lien on a project in the future. It's commonly used in construction contracts and is signed before work begins.
To file a mechanics lien in Illinois, the contractor must file a claim of lien with the recorder of deeds office within four months of the last day of work. The claim must include the following information: A statement of the work performed or materials supplied. The date that the work or materials were supplied.
How to file a mechanic's lien Property owner information. Mechanic's lien claimant information / Prime contractors information. Description of the property. Amount claimed. Proof that a written notice of intent was served, often in the form of an affidavit. The lien must be notarized to be valid.
In addition to giving written 90-day notice, the subcontractor must give written 60-day notice prior to bringing a mechanics lien against an owner occupied single family residence. the prior rule requiring 14-day notice is hereby revoked.
Creditors know that putting a lien on your property is a cheap and almost guaranteed way of collecting the debt they're owed. In some states, contractors and subcontractors must notify the property owner before filing a lien, but in other states property liens can be filed without any notice to the owner.
