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Contractors and subcontractors must file suit to enforce a mechanics lien within two years of the last date of work. Note that the owner has the option to accelerate this deadline if the owner disputes the contractors or subcontractors entitlement to additional payment.
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 deadline for contractors and subcontractors to file their statement of mechanics 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 mechanics lien process MAY NOT begin until 60 days has lapsed without service payment for liens of $2,000 or less, or until 30 days has lapsed without service payment for liens of more than $2,000. A mechanics lien transaction in violation of these provisions of the Illinois Compiled Statutes will be returned.
Mechanics Liens Deadlines In Illinois, a mechanics lien must be filed within 4 months after completion of work to be effective against subsequent property owners. If the lien is filed after 4 months but before 2 years after completion of work, it will still be effective against the original owner.
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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 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 Illinois, a mechanics lien must be filed within 4 months after completion of work to be effective against subsequent property owners. If the lien is filed after 4 months but before 2 years after completion of work, it will still be effective against the original owner.
Contractors, as well as subcontractors and material suppliers can file an Illinois construction lien. If a company does not have a contract with the owner or with the contractor, they are not eligible to file an Illinois mechanics lien claim.
WARNING! FLORIDAS CONSTRUCTION LIEN LAW ALLOWS SOME UNPAID CONTRACTORS, SUBCONTRACTORS, AND MATERIAL SUPPLIERS TO FILE LIENS AGAINST YOUR PROPERTY EVEN IF YOU HAVE MADE PAYMENT IN FULL. UNDER FLORIDA LAW, YOUR FAILURE TO MAKE SURE THAT WE ARE PAID MAY RESULT IN A LIEN AGAINST YOUR PROPERTY AND YOUR PAYING TWICE.

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