Drafting, Enforcing, Defending And Challenging Mechanic’s Liens
For homeowners and smaller and medium-sized construction projects, the question of mechanic’s liens is one that is often avoided out of concern for complexity, cost and preservation of relationships. However, the very purpose of the Illinois Mechanics Lien Act is to put in place a system that seeks to balance the rights and remedies available to property owners, general contractors and subcontractors involved in construction projects. It is essential that you secure competent and experienced counsel to advise you along the way when dealing with lien issues.
What You Need To Know About Mechanic’s Liens
A mechanic’s lien is a legal tool that contractors, suppliers and other parties can utilize to receive payment for their work or materials. In Illinois, contractors who allege that they have not been paid can attach liens to a property, preventing it from being sold or refinanced until the lien is removed.
As a property owner, if you rely on general contractors to oversee a construction project, you must confirm that all parties receive what they are owed. This includes those who are hired by your contractor (referred to as subcontractors). Under some circumstances, if the law is not followed, property owners can be held accountable to pay subcontractors even if the general contractor was already paid in full, essentially making an owner pay twice for the same work.
Therefore, it is critical that you follow the proper steps when asserting a lien or making payments on a construction project, and these steps are set out in great detail in the Illinois Mechanics Lien Act. Our firm can help you comply with the provisions of the Illinois Mechanics Lien Act so that your rights as a contractor, subcontractor or owner can be protected.
At Whiteman Borden, LLC, our real estate attorneys are recognized authorities on intricate real estate matters and are experienced in helping contractors draft and enforce liens when they are not paid and in advising property owners how to defend against improper liens. Adam Whiteman, our senior partner, has written extensively on mechanic’s liens and has served as a featured speaker on this subject. He has the qualifications necessary to address the question of mechanic’s liens. Our practice has a concentration on residential and small to medium-sized construction projects, and because we know that those involved in such matters always want or need to hire a high-priced construction law firm, we can provide cost-effective solutions to your construction-related issues.
Customizing Strategies To Defeat A Claim
When you retain our firm, you will be partnered with a seasoned real estate lawyer, not a first-year associate or office manager. We will tailor our approach to your specific circumstances to ensure that you receive the best result possible. You can depend on us to give you a candid evaluation of your options, which may include settling with the other party or fighting the claim in court.
We never forget that you are relying on our team to minimize the cost and time spent on this issue. From the beginning until the end of your case, we are committed to resolving your concerns as expeditiously as possible.