Pursuant to 770 ILCS 60/24, this form may be used by a corporate or LLC subcontractor to give his notice to the owner of record or his agent or architect or the superintendent in charge of the building or improvement.
Illinois Subcontractor's Lien - Notice of Claim - Mechanic Liens - Corporation or LLC
Category:
State:
Illinois
Control #:
IL-07A-09
Format:
Word;
Rich Text
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FAQ
Negotiate with the contractor who placed the lien (the "lienor" to remove it. Obtain a lien bond to discharge the lien, or. File a lawsuit to vacate the lien.
Formalize a defense for disputing the amount of the lien. Gather supporting documentation for your rebuttal, depending on the type of lien. Contact the agent representing the creditor to dispute the amount of the claim. Negotiate a payment settlement with the creditor if you cannot pay the amount you owe in full.
In order to enforce a lien, the contractor, subcontractor or supplier must file a lawsuit. The deadline to file a lawsuit is two years from the last date work was performed or materials were supplied. A recorded lien is valid for these two years, but a failure to sue within that time frame voids the lien.
A construction lien is a claim made against a property by a contractor or subcontractor who has not been paid for work done on that property. Construction liens are designed to protect professionals from the risk of not being paid for services rendered.
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).
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.
Step 1: Determine if you have lien rightsIllinois is relatively liberal about who has the right to file a lien. Most parties who provide any labor or services, including architects and engineers, are entitled to file a mechanics lien.
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.
The process of bonding off a mechanics lien starts after a claimant has filed a mechanics lien. After the claim is made, a general contractor or a property owner can contact a surety bond company to purchase a surety bond that replaces the value of the lien that was filed against the property.