Mechanics Lien rights in Illinois are governed by the Illinois Mechanics Lien Act, codified at 770 ILCS 60/0.01, et seq. (“Act”). The Act provides a lien for payment to those who furnish labor, material, fixtures, apparatus, machinery, or other services considered lienable work. The Act also details the requirements which must be satisfied in order for contractors and subcontractors to preserve, perfect and enforce their lien rights. It is important to note that the provisions of the Act are strictly construed, so it is crucial that individuals follow the proper procedure for preserving their lien. It must also be noted that contractors and subcontractors are subject to different requirements in the perfection process.

The majority of questions we receive regarding the enforceability of liens relate to private construction projects. Therefore, this discussion is limited to the general requirements for preserving lien rights on private projects. If you have questions about preserving lien rights on public projects, please contact our office. Alternatively, please provide the question to our Blog, and it will be answered in a timely manner.

Also, before proceeding, please remember that these are the general requirements for preserving liens as provided for in the Act. There may be circumstances in which a contractor or subcontractor might be subject to additional requirements. Conversely, there may be circumstances in which a contractor or subcontractor is exempt from a general requirement. In addition, please remember that even though the general requirements for preserving a lien are followed, there is no guaranty that the lien will ultimately be satisfied. Circumstances could arise in which a third-party, such as a mortgagee, could take priority over your perfected lien. Please contact our office if you have any questions regarding whether your specific set of facts would alter the general requirements for preserving a lien, or whether those facts may result in another party taking priority over your properly perfected lien.

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VanFleet Law Offices

The VanFleet Law Firm has a strong history in Commercial Litigation, Banking Law and General Business Law matters. Founded by Joseph VanFleet in 1998, the practice has grown and flourished over the years thanks to the talent, expertise and tenacity of the VanFleet legal team. Today, it provides counsel to a broad range of local, regional, national and international clients.

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