Mechanics Liens & Bond Claims

Mechanics Liens

Privately-owned Real Estate

Properly perfecting a mechanics lien requires more than simply filling in the blanks of a form. Ms. Bazanos acquires the information necessary to prepare a mechanics lien claim, such as the location of the real estate, the last date the contractor performed lienable work, and balance due. Ms. Bazanos will search the public records to determine the proper legal description for the property improved and the parties who must be served with notice of the mechanics lien claim. If the construction project is residential, Ms. Bazanos will determine whether additional notice requirements and obligations due to the owner.

The deadlines for serving a mechanics lien claim and recording the claim are strictly enforced by courts. Clients of Ms. Bazanos can be assured that an attorney has prepared the mechanics lien claim, and will be available to negotiate a resolution, or assist with litigation if necessary.

Ms. Bazanos also represents owners who are faced with a disputed mechanics lien recorded against their real estate. Ms. Bazanos will discuss in great detail the options available to such owners.

Mechanics Liens and Bond Claims

Public Projects

The deadlines and steps required to perfect a mechanics lien for work performed on a public construction project, differ from those for a private project. A mechanics lien may not be recorded against land owned by a governmental body. However, a claimant may assert a mechanics lien against public funds owed to the general contractor for the particular project. Ms. Bazanos will determine whether funds are held by the public entity, obtain a copy of the general contract and payment bond, and serve the proper parties with notice. Additionally, Ms. Bazanos will prepare a claim against the payment bond.

Important Deadlines under the Illinois Mechanics Lien Act:

• Private Projects

• 90 days from last date of furnishing to serve the owner and lender with notice of a subcontractor's mechanics lien claim;
• four months to record a mechanics lien claim, to enforce the lien against third parties and subsequent owners, up to two years to record and file suit to enforce a mechanics lien, as against the original owner;
• 60 days from the first date of furnishing to a single family owner occupied residence, for subcontractors and material suppliers to serve notice on the owners

• Public Projects

• serve notice of claim for mechanics lien prior to date funds due to general contractor are released,, and file a lawsuit to enforce the mechanics lien against public funds 90 days thereafter;
• bond claim served within 6 months from the last date of furnishing, or per the deadlines set forth in the payment bond, if longer.