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Illinois General Contractor's Lien - Notice of Lien - Mechanic Liens -...

Illinois General Contractor's Lien - Notice of Lien - Mechanic Liens - Individual

Q: Are mechanics liens public record?

Mechanic&#039;s liens create a cloud on title, meaning that they appear in public property records. Liens are sometimes said to travel with the land, meaning that anyone who buys your house would take the property subject to the contractor&#039;s lien (or, more likely, demand that you pay it off first).

Q: How do you put a lien on something?

If you&#039;re claiming a lien on real property, it must be filed in the recorder&#039;s office of the county where the property is located. Expect to pay a filing fee between $25 and $50 depending on the location where you file.

Category:

Liens - Construction - Mechanics

State:

Illinois

Control #:

IL-04-09

Format:

Instant download

Overview of this form

The General Contractor's Lien - Notice of Lien is a legal document used by individual contractors to establish a claim for unpaid work or materials provided to a property. This form is specific to Illinois law under 770 ILCS 60/7, distinguishing it from similar forms that may be used by other types of claimants or in other jurisdictions. By filing this notice, contractors can protect their rights to payment by asserting a lien against the property in question.

Key parts of this document

Contractor's information: Name and contact details of the contractor submitting the lien.
Property information: Description of the property where the work was performed, including address.
Statement of the claim: A clear declaration of the amount owed for the services rendered or materials supplied.
Legal citation: Reference to the relevant Illinois law that allows for the filing of the lien.
Signature: A section for the contractor to sign, affirming the truth of the information provided.

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Basic Stop Notice

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Construction or Mechanics Lien Questionnaire

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When to use this document

This form should be used when an individual contractor has completed work or has provided materials for a construction project but has not received payment. It is particularly useful in situations where the contractor wants to secure their right to payment by placing a lien on the property, which may include residential homes, commercial buildings, or other types of real estate.

Who this form is for

Use this form if you are:

An individual contractor or subcontractor in Illinois.
A supplier of materials who has not been compensated for services rendered.
Looking to establish a legal claim against a property for non-payment.

Completing this form step by step

Identify the parties involved: Fill in your name and contact information as the contractor.
Specify the property: Provide the complete address and legal description of the property subject to the lien.
Enter the amount owed: Clearly state the total amount you are claiming for services or materials provided.
Reference the applicable law: Include the citation to 770 ILCS 60/7 in the appropriate section.
Sign and date the form: Ensure you sign the notice to affirm its accuracy and validity.

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Make edits, fill in missing information, and update formatting in US Legal Forms—just like you would in MS Word.

Download a copy, print it, send it by email, or mail it via USPS—whatever works best for your next step.

Sign and collect signatures with our SignNow integration. Send to multiple recipients, set reminders, and more. Go Premium to unlock E-Sign.

If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.

We protect your documents and personal data by following strict security and privacy standards.

Common mistakes to avoid

Not including complete property details, which may lead to rejection of the lien claim.
Failing to accurately state the amount owed, which could undermine the claim.
Missing the signature, making the form invalid.
Not filing the form in the correct time frame as required by state law.

Benefits of using this form online

Immediate access to legally compliant templates created by licensed attorneys.
User-friendly format that simplifies the completion process.
Ability to download and store forms for future use or modifications.
Time-saving compared to traditional legal consultation.

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FAQ

Mechanic's liens create a cloud on title, meaning that they appear in public property records. Liens are sometimes said to travel with the land, meaning that anyone who buys your house would take the property subject to the contractor's lien (or, more likely, demand that you pay it off first).

Get free mechanics lien form A construction mechanics lien is claimed against real estate property, and the lien must be filed in the appropriate office in order to be valid.Additionally, construction liens have strict timing and notice requirements. Machinery mechanics liens are possessory liens.

Under Illinois law, any mechanics lien should be filed in the County Recorder of Deeds where the property being liened is located. This is crucial as the lien must be filed not only in the correct county but the correct office as well. The fees and specific document formatting vary depending on your county.

If you're claiming a lien on real property, it must be filed in the recorder's office of the county where the property is located. Expect to pay a filing fee between $25 and $50 depending on the location where you file.

Who you are. The services or materials you provided. The last date you provided the services or materials. How much payment should be. The date on which you will file a lien if you do not receive payment. How the debtor should pay.

The deadline for contractors and subcontractors to file their statement of mechanic's lien is four months (not 120 days) from the last date of work (exclusive of warranty work or other work performed free of charge), or from the last date that materials were supplied to the project.

Even though these states may permit project participants to secure lien rights and claim a mechanics lien even without a written contract, it is generally best practice to have a signed written contract for work provided.

WHAT MUST I DO BEFORE I FILE MY LIEN? Usually there is at least one notice that you must mail before you can file your lien. These notices are sometimes called notices of intent to file lien. Illinois Document Preparation fee of $165 includes all required notices of intent.

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General Contractor's Lien - Notice of Lien - Mechanic Liens - Individual

Note: This summary is not intended to be an all inclusive discussion of Illinois’ construction lien laws, but does include basic provisions. In Illinois, what statutes govern mechanic’s liens on private works? Illinois Mechanic’s Liens for Private Works are governed by the “Illinois Mechanic’s Lien Act” contained in Chapter 770, Act 60, of the Compiled Statutes of Illinois. The Mechanic’s Lien Act contains the basic mechanisms and procedures for perfecting and enforcing mechanics lien. Who is Eligible to be a Lien Claimant? In Illinois, a party that provides services, labor or materials for a construction project pursuant to a contract to improve property has a lien upon the real property being improved. A lien claimant will not be permitted to enforce its lien until it has properly recorded a valid lien in compliance with the requirements of the Act. 770 ILCS 60/1(a). The requirements of the Act differ depending on whether the party is classified as a “contractor” or “subcontractor” under the Lien Act. A “contractor” is any party who has a contract directly with the owner or “with one whom the owner has authorized or knowingly permitted to contract,” regardless of the status of that party. 770 ILCS 60/1(a). On the other hand, a “subcontractor” is any party that furnishes labor, services or material “for the contractor.” 770 ILCS 60/21(a). The term “subcontractor” as used in the Act also includes second- and third-tier subcontractors. The Lien Claim The mechanics lien claims of both contractors (Forms IL-04-09 and IL-04A-09) and subcontractors (Forms IL-07-09 and IL-07A-09) must be verified by the affidavit of the claimant and must contain: A brief statement of the claimant’s contract; The balance due after taking into account all credits; and A description of the lot, lots or tracts of land sufficient to identify them. 770 ILCS 60/7 Since some requirements hinge on completion of claimant’s work, the lien claim should state the claimant’s last date of work on the project or, if the claimant’s work is ongoing, that the claimant’s performance under the contract is not yet complete. Perfecting the Mechanics Lien Even if a claimant has properly prepared its lien, the claimant will not be able to enforce its lien against the interests of third parties (such as subsequent purchasers or lenders) until the lien has been perfected. To properly perfect a mechanics lien, both contractors and subcontractors must record their liens within four months of their last date of work. 770 ILCS 60/7 In addition, subcontractors must comply with certain notice requirements. Subcontractors working on an existing, owner-occupied, single-family residence, for example, must serve a notice on the occupant of the residence within 60 days from their first day of work. This notice must state: The name and address of the subcontractor or materialman; The date on which the claimant started to work or deliver materials; The type of work done and to be done or the type of materials delivered; and The name of the contractor requesting the work. See 770 ILCS 60/5. The notice must also contain language substantially similar to the warning language set forth in section 5 of the Act advising the home occupant of the subcontractor’s right to file a mechanics lien in the event of nonpayment. 770 ILCS 60/5(b)(ii). Subcontractors on all private construction projects (including owner-occupied, single-family residential projects) must also give notice to the owner or his agent, architect, or superintendent having charge of the property, and the lending agency, if known, of their intent to file a lien. Subcontractors must give this notice within 90 days following their last date of work, and the notice should be consistent with the form provided in 770 ILCS 60/24(b) of the Act. The Act requires this notice to be sent via registered or certified mail, restricted delivery, return receipt requested. 770 ILCS 60/24(a). Recording The Mechanics Lien The claim for lien may be filed “at any time after the contract is made.” Contractors and subcontractors generally wait until they have performed at least some portion of the work before recording a mechanics lien. 770 ILCS 60/7. As noted above, contractors and subcontractors must record their lien within four months after their last date of work in order for the lien to be perfected. All mechanics liens must be recorded in the office of the recorder of the county in which the subject property is located. Enforcing The Mechanics Lien To enforce a mechanics lien, a lien claimant must file suit within two years after its last date of work on the project. Note, however, that the lien will not be enforceable against third parties unless the lien is properly perfected as described above. A claimant does so by means of a foreclosure action in which the lien claimant asks the court to order the property that is subject to the mechanics lien to be sold and to apply the proceeds of the sale to the claimant’s unpaid claim. Subcontractors who choose to file a foreclosure action must sue the owner and the contractor jointly for the amount due. Note that the two-year time period for filing suit may be accelerated by a demand made pursuant to section 34 of the Act. If a lien claimant receives a section 34 Demand to File Suit, the lien claimant must initiate suit to enforce its lien within 30 days or forfeit its lien. See 770 ILCS 60/34 and forms IL-08-09 and IL-08A-09. Owner’s Liability For Subcontractor Claims If judgment is entered against the owner on a subcontractor’s lien claim, the owner will be liable for no more than the amount that was due or to become due from the owner on the underlying owner/contractor agreement at the time the owner received notice of the subcontractor’s claim. If that amount is less than the total amount of perfected lien claims, then each subcontractor lien claimant will recover its claim on a pro rata basis. Notwithstanding the foregoing, an owner that pays in good faith reliance on the amounts set forth in the Contractor’s Sworn Statement will not be liable for lien claims in excess of the amount shown on the sworn statement, regardless of whether that amount is correct. 770 ILCS 60/21(d). Priority A properly perfected mechanics lien attaches as of the date of the contract between the owner and the contractor. This fact is significant because the priority of a lien claim is determined by the date of its attachment to the real estate. Liens filed prior to the recording of other secured interests, for example, will have priority over those interests. Although this “first in time, first in right” principle is the general rule, mechanics liens are also given priority over certain interests that were recorded prior to the lien. For example, a mechanics lien will have priority over a previously recorded mortgage to the extent that the lienor can prove that its work enhanced the value of the property. 770 ILCS 60/16. Waivers of Lien An agreement, made in anticipation of or in consideration for the contract or subcontract to supply materials or services for the improvement of real property, to waive any right to enforce or claim any lien under the Mechanic’s Lien Act is against public policy and unenforceable. 770 ILCS 60/1(d). Subsequent to entering into its contract for the project, however, a party may waive its mechanics lien rights by way of a lien waiver. There are three main types of lien waivers. A “waiver of lien to date” (IL-11-09) waives a party’s right to lien for all amounts owed to that party under the contract, including all extras and change orders, as of the date stated in the lien waiver. A “waiver of lien to amount paid,” (IL-12-09) on the other hand, waives a party’s right to lien for the amount (specified in the waiver) that the party has been paid. Finally, a “final waiver of lien” (IL-13-09) completely waives a party’s right to file a mechanics lien for any amount due under its contract for the construction project, including all amounts due for extras and change orders. Note, however, that a waiver of mechanics lien rights does not waive a party’s right to pursue its other remedies under the law. Of course, satisfaction or release of a lien upon payment is NOT prohibited. 770 ILCS 60/35(a). See also, forms IL-10-09(release of claim – Individual), IL-10A-09 (release of claim – Corporation).

General Contractor's Lien - Notice of Lien - Mechanic Liens - Individual

Illinois General Contractor's Lien - Notice of Lien - Mechanic Liens - Individual

Overview of this form

Key parts of this document

Related forms

When to use this document

Who this form is for

Completing this form step by step

Does this form need to be notarized?

Get your form ready online

Common mistakes to avoid

Benefits of using this form online

Looking for another form?

Form popularity

FAQ

Are mechanics liens public record?

What is the difference between a construction lien and a mechanics lien?

How do I file a mechanic's lien in Illinois?

How do you file a mechanic's lien in Illinois?

How do you put a lien on something?

How do you write a lien letter?

How long do you have to file a mechanics lien in Illinois?

Can I file a mechanic's lien without a contract?

How much does it cost to file a lien in Illinois?

Explore more forms

Trusted and secure by over 3 million people of the world’s leading companies

Illinois General Contractor's Lien - Notice of Lien - Mechanic Liens - Individual

Overview of this form

Key parts of this document

Related forms

When to use this document

Who this form is for

Completing this form step by step

Does this form need to be notarized?

Get your form ready online

Related legal definitions

Common mistakes to avoid

Benefits of using this form online

Looking for another form?

Form popularity

FAQ

Are mechanics liens public record?

What is the difference between a construction lien and a mechanics lien?

How do I file a mechanic's lien in Illinois?

How do you file a mechanic's lien in Illinois?

How do you put a lien on something?

How do you write a lien letter?

How long do you have to file a mechanics lien in Illinois?

Can I file a mechanic's lien without a contract?

How much does it cost to file a lien in Illinois?

Illinois General Contractor's Lien - Notice of Lien - Mechanic Liens - Individual Related Searches

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