A mechanic’s lien is a legal tool that contractors, suppliers and other parties can utilize to receive payment for their work or materials. Specifically, the law allows for a mechanic’s lien to attach to a property as a means of securing payment for those who have provided improvements to the property. If payments are not made for improvements, then a court can order that the property be sold in much the same way that a mortgage lender can force the sale of a property by way of foreclosure.
As a property owner, you have a responsibility to follow the law to confirm that those who are hired to provide work and materials have all been paid. 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.
As a contractor, subcontractor or material supplier, you are expected to comply with the letter of the law as a prerequisite for obtaining an enforceable mechanic’s lien. Even small errors in the preparation, notification and filing of your lien can result in a court deeming the lien to be invalid.
At Whiteman Law, our real estate attorneys are recognized authorities on intricate real estate matters and are experienced in helping both homeowners and contractors to comply with the law. Our practice has a concentration on residential and small to medium-sized construction projects. We can provide cost-effective solutions to your construction-related issues.
Adam Whiteman has written extensively on mechanic’s liens and has served as a featured speaker on this subject. He is listed as a co-author on the venerable textbook published by the Illinois State Bar Association called “Turner on Mechanic’s Liens”. We have the qualifications necessary to address your question about mechanic’s liens.
Discuss your situation with a knowledgeable attorney during your confidential consultation. You can reach us at 312-655-1000 or by completing our online form.
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