Construction contractors often run into difficulty obtaining payment for services they provided. Reasons may include the owner’s lack of funding, the owner’s failure to pay the contractor, or the general contractor’s failure to pay the subcontractors and suppliers. Although an unpaid party can always file a breach of contract lawsuit, enforcement of a mechanics lien often provides a better and more efficient means to recovery.
Under Illinois law, a general contractor or subcontractor has the right to seek payment by filing, and suing to foreclose on, a mechanics lien. This right is granted under the Illinois Mechanics Lien Act for work on private property (“Private Lien Act”) and the Illinois Liens Against Public Funds Act for work on public property (“Public Lien Act”). The requirements for enforcing a mechanics lien, however, are very particularized and it may help to have an experienced attorney manage the process for you. For example, the procedure for perfecting a mechanics lien may differ for general contractors, subcontractors, and materials suppliers. In addition, those procedures vary based on the type of property which is the subject of the work, as well as the type of customer for whom the work is being done. There are also important requirements and deadlines in the various laws that apply to mechanics liens that must be strictly adhered to.
The lawyers at Hart McLaughlin & Eldridge know the law in the specialized area and routinely provide their construction clients with efficient, pragmatic, and economical solutions to recovering payment. We are also pleased to offer alternative fee arrangements for our mechanics lien services, which are customized to the situation and your current business needs.