For a contractor, in order to preserve a lien on a private project against the owner and third parties (i.e. mortgage lenders), the Act requires that a claim for lien be filed with the recorder for the county in which the real estate is located within four months after completion of work. After recording, if the lien has not been satisfied, the contractor must file a suit to foreclose the lien within two years after completion of the work. Alternatively, instead of filing a claim for lien, the Act permits a contractor to file a lawsuit to foreclose on the property with a properly recorded lis pendens within four months after completion of work.
For subcontractors, the Act imposes additional requirements in order to perfect a lien. Generally, in order to preserve lien rights against an owner and third parties, a subcontractor is required to provide notice of its lien to all parties who have an interest in the property within 90 days after completion of work. On projects involving single-family residences, there is an additional requirement that the subcontractor notify the occupant of its involvement with the project within 60 days from first furnishing labor or material.
Q: I am a software consultant in central Illinois and looking to incorporate. Is this the sort of work you do, and what are your recommendations? Netdog4267
Q: Joe, I have read your recent articles in Interbusiness Issues and also heard you speak to the Peoria Kiwanis Club about the future of law firms and how their business model is now “broken.” What is broken with this model, and how are law firms like yours changing their business plans? [name withheld for confidentiality]
Q: Mr. VanFleet, I own several rental properties in the area and I have two questions. First, can I change the locks on the doors and keep a tenant out for non-payment of rent? Second, can I keep the tenant’s property left behind and sell it to recoup my loss? [name withheld for confidentiality]
Our lawyers have represented medical groups especially in regulatory and federal matters. So we understand their desire to be efficient and profitable while providing the best care possible. Unfortunately, the new Patient Protection and Affordable Care Act has made that difficult. It hasn’t had much of an effect yet. Some businesses have decided not to provide insurance while others – like our own – are hoping it will just go away.
On this blog, we will be addressing topics that have a local, regional or national impact. Along with providing news and information, we will also be providing commentary on how the issues relate to our practice. This includes everything from the economy and politics to the status of the Sears block and the hotels in downtown Peoria.
We’ll also use this blawg to keep you up to date on the latest news in the legal world and give you our take on things, especially as they relate to banking law, commercial litigation and general business counsel. To keep up on the latest, sign up for an email notifier or bookmark this page and check back regularly. Thanks for reading! We’re just getting started!
It seems appropriate that the VanFleet Blawg is going live as I visit Chicago for the annual American Bar Association Legal Technology Conference. Every year over 1,800 attendees spend three days sharing insights and information regarding the future of law firms and the role technology will play in the future, which is one of our major goals in launching this blawg.
So we invite you to visit us often, and to submit your legal questions to our Legal Q&A. Each and every question will be reviewed by our office administrator and at least one of our attorneys, and our intent is to respond to all questions within 48 hours, either privately or by posting the questions and answer on our blawg. As a law firm, we must use discretion regarding the questions and answers we publish. However, as part of our celebration of this launch, we promise to post and answer the first three questions we receive no matter the topic or nature. So send us your questions!
Many of the blog icons on this page have been created by Joe’s three children. They are so excited to see their artwork on Dad’s work website!