Illinois Construction or Mechanics Lien Questionnaire

State:
Multi-State
Control #:
US-Q1008
Format:
Word; 
Rich Text
Instant download

Description

This form addresses important considerations that may effect the legal rights and obligations of the parties in a construction lien/mechanics lien matter. This questionnaire enables those seeking legal help to effectively identify and prepare their issues and problems. Thorough advance preparation enhances the attorneys case evaluation and can significantly reduce costs associated with case preparation.



This questionnaire may also be used by an attorney as an important information gathering and issue identification tool when forming an attorney-client relationship with a new client. This form helps ensure thorough case preparation and effective evaluation of a new clients needs. It may be used by an attorney or new client to save on attorney fees related to initial interviews.


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  • Preview Construction or Mechanics Lien Questionnaire

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FAQ

A mechanics lien can be recorded after 4 months and within 2 years of the last date of work but it will only be good against the original owner. Furthermore, subcontractors, those that are hired by a general contractor, must submit notice of their lien claim within 90 days of their last date of furnishing.

In the state of Illinois, obtaining the appropriate waivers is a necessary step in any construction or improvement project. Waivers must be signed by the contractor prior to payment in the form of a conditional waiver, and also after payment is received for the completion of the project in the form of a final waiver.

The lien remains in effect for 7 years, even if the creditor does not force a sale. This means that you probably cannot sell the real estate during this time because a buyer would want you to pay the judgment in full before agreeing to purchase the property.

After properly recording a lien claim, a claimant must file suit to foreclose the lien within two years after completion of the part of the work for which the lien claimant seeks payment. Illinois courts strictly enforce these deadlines and routinely find liens unenforceable if the deadlines are not met.

A lien is expired if a suit to enforce the lien has not been commenced or a counterclaim has not been filed by the lienholder within 2 years after the completion date of the contract as specified in the recorded mechanics lien.

The Illinois Mechanic's Lien Act allows someone who provides labor or material to the improvement of private property to attach a lien to the property if he or she is not paid for the labor or materials provided.

In addition, a mechanic's lien may take priority over the mortgage to the extent the labor or materials supplied by the lienholder enhance the value of the property beyond the value of the property at the time the mortgage was recorded.

The Illinois Mechanics Lien Release Form is used to cancel a lien that has already been filed. It's most often used to release a lien claim after a lien claimant receives payment. However, they may also be released based on settlements, legal controversies, because they expired, or more.

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Illinois Construction or Mechanics Lien Questionnaire