Mechanics Lien Lawyers
Helping Contractors Take Legal Action on Past-Due Payments
If you work in the construction industry, you might find that some property owners are slow to pay for projects or even outright refuse to pay what they owe when the job is done. This can leave you unable to pay your bills or buy the supplies you need for your next construction project. Luckily, you have some legal recourse to pursue payment, as you can file a mechanic’s lien on the property to ensure you get paid.
Of course, taking legal action can be daunting, as it’s not always clear if a mechanic’s lien is the right choice or if it’s enforceable in your situation. That’s why you should contact Atlas Consumer Law for legal guidance. Our attorneys have experience helping our clients resolve lien disputes quickly and effectively. Located in the Chicago area, a significant portion of our legal practice focuses on defending mechanic’s liens on property. We take forceful action on our client’s behalf, helping protect their financial interests, so we urge you to contact us if you’re a general contractor or subcontractor needing help getting payment from property owners.
What Is a Mechanic’s Lien?
A mechanic’s lien is a way to guarantee payment for a construction project, as it’s a legal claim on someone’s property, similar to a tax lien or judgment lien. When you place a lien on a property, it means the property owner must pay you before they can sell the asset. Fortunately, you won’t have to wait until the property owners decide to sell the property to collect payment, since they’ll have to pay your invoice to remove the lien before they can even refinance or borrow against the equity in their home.
If you’re considering putting a mechanic’s lien on someone’s property to ensure payment, it’s best to talk to skilled lawyers about this option. While getting paid through a lien might sound straightforward, it can become complex rather quickly, especially if there’s more than one lien on the property. At that point, you’ll need a lawyer to tell you what to expect and how to resolve any disputes.
After all, contractors and subcontractors who have filed liens against property are generally made parties to a mortgage foreclosure, and Illinois law establishes a scheme for disbursement of funds from the foreclosure sale. The law generally allows for various creditors to get paid in order of priority, so when multiple liens or encumbrances have been filed against the property, disputes can sometimes arise. If this or other complications occur, contact our Chicago law firm to discuss your legal options.
Should You File a Mechanic’s Lien Against a Property Owner?
If you completed a construction project for a client and have not received payment, you should look into mechanic liens to determine if this could be the right legal remedy. There are a few benefits that mechanic’s liens can offer general contractors, subcontractors, and suppliers in Illinois.
The first benefit is that mechanic’s liens basically guarantee payment, as the property owners must pay the bill before they can make any money off their property. Not only that, but your payment is prioritized, so you’ll be among the first to get paid if the property is sold or foreclosed on.
Another benefit of mechanic’s liens is that you typically don’t have to wait too long for your payment, as they can set a deadline by which the property owners must pay or face litigation. In many cases, a mechanic’s lien can force the property owner to sell the property.
Additionally, mechanics liens don’t take long to file, as you may even be able to file for one electronically, making this a simple way to get paid. That being said, it’s essential to understand the basics of mechanic’s lien law in Illinois, as you’ll want to ensure you’re eligible for this legal remedy and that it’s the best way for you to get paid in a timely manner. Call our Chicago law office to learn more from lawyers who are well-versed in lien law as it relates to the construction industry.
Is a Mechanic’s Lien Always Enforceable?
Mechanics liens are often considered an effective way to compel property owners to send the payments they owe to material suppliers, subcontractors, and general contractors. However, there are some potential drawbacks of using this legal option to get paid.
First, you must adhere to the statute of limitations for filing a mechanics lien. This varies depending on your location and is usually determined based on the date when you supplied the materials or completed the construction work. A lawyer who has handled numerous mechanics liens in Illinois can ensure you’re within the statute of limitations before filing the lien for you.
Another drawback that could make it difficult to enforce a mechanic’s lien is when there are multiple liens on the property from other construction professionals, lenders, or government agencies that are owed money. This can make it less likely you’ll get paid first, and in some cases, the money from the real property sale could run out before you get paid.
You should also be aware that mechanic’s liens usually have specific requirements to follow, and they may become unenforceable if you don’t adhere to these rules. For example, you’ll likely have to notify the client of your intention to file a mechanics lien. You’ll also have to prove the debt is valid if the client claims they don’t owe you money. Experienced lawyers can guide you through this process, so if you’re a general contractor, subcontractor, or material supplier, contact our law firm for assistance using a mechanics lien to compel property owners to pay you.
What Can Mechanic’s Lien Lawyers Do for You?
At Atlas Law Center, we’ve spent years offering our legal services to general contractors, subcontractors, material suppliers, and other construction professionals who need help getting paid by clients. We understand how frustrating it is to be owed money and unsure how to collect it, so you can rest assured we’re dedicated to protecting the interests of individuals and businesses throughout Chicago and the surrounding suburbs.
We offer a broad range of legal services related to mechanic’s liens and foreclosure, including:
- Filing liens in compliance with the Mechanics Lien Act (770 ILCS 60)
- Resolving disputes between material providers, including contractors and subcontractors
- Defending mechanic’s liens filed against property
- Managing lien-related litigation/mechanics lien lawsuits
- Handling foreclosure filings involving mechanic’s liens
Nationally recognized as leaders in foreclosure and related financial and legal matters, we provide experienced counsel regarding mechanic’s liens. Our attorneys will discuss the law with you and then take effective action on your behalf. You may be surprised to discover that the law is on your side and that our trusted lawyers can make it work for you. Call 331-321-4748 for a free consultation with our team.
