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Aug 6th, 2022
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How to Link shadow in the Mechanic's Lien

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my name is Jim - Im a founding member of the law firm of Carlson - LLC and Im here to talk to you today about mechanics liens in Illinois mechanics liens are much like mortgages you may not realize that you have a mortgage to secure your construction debt but if you have a qualifying contract to produce improvements to real estate you have or may have a mechanics lien so whats a qualifying contract a qualifying contract is a contract to improve the real estate as that term is defined in Section one of the mechanics lien act some improvements are obvious for example if you are installing structural steel or painting or installing electrical work these things are obvious there are things however that are not so obvious that are also provided for in section one for example land surveyors professional engineers structural engineers and architects yes even architects for buildings that dont get built are defined to improve the land under section 1 of the mechanics lien act perfect

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Contractors and subcontractors must file suit to enforce a mechanics lien within two years of the last date of work.
Per a 2016 amendment to the Illinois Mechanics Lien Act, the state developed a statutory process for the interested buyer to obtain a surety bond for the amount of the lien, effectively removing it by proving you have the means to pay it at a later time. This process is known as bonding over the lien, or bonding off.
The Illinois Mechanics Lien Act contains traps for the wary, including Section 34 (770 ILCS 60/34), which provides that any person interested in real estate that is encumbered by a mechanics lien claim may send a notice to the lien claimant demanding that the lien claimant initiate a foreclosure lawsuit.
Contractors and subcontractors must file suit to enforce a mechanics lien within two years of the last date of work.
Section 24 of the Mechanics Lien Act requires that within 90 days of the last date that the subcontractor worked on the project, the subcontractor must deliver notice of its claim to the owner by certified mail with return receipt requested or by personal service.
A contractor might file a mechanics lien if a property owner reneges on paying a portion of the amount due for the work performed. A subcontractor could likewise file a mechanics lien if a primary contractor fails to make proper payment for their work and materials.
Contractors, subcontractors, laborers, and material suppliers can file what is called a mechanics lien on a homeowners property if they dont get paid.
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.

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