Illinois Bond or Lien Claim, Private Work
Bond or Lien Claim-Private Work
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Note: This information is limited in scope and applies only to this document. Please see the general information, all forms memo, and the general information memo for this type of document, for additional information.
Document Title: Claim For Lien (Contractor or Subcontractor).
Scope: State of Illinois, Private Works.
Time Constraints: On jobs commercial and over $5,000, you must have previously served a Preliminary Notice upon the owner within the required time frame or you cannot make a lien claim. See Illinois Preliminary Notice, Private Work, for more information.
In addition, you must wait at least 10 days after serving your claim of Lien Notice, before filing a lien claim and initiating suit.
Otherwise, your filing requirements depend on the type of claimant you represent:
Prime Contractor: Your Claim of Lien must be filed with the County Recorder's office of the county where the project resides within 4 months of the completion of the project. In Company Setup, check yourself off as a General Contractor
Sub-Contractors or Material men: Your Claim of Lien must be filed with the County Recorder's office of the county where the project resides within 90 days of your last furnishing of labor, materials or services. In Company Setup, check yourself off as a Subcontractor or Material man.
Both Parties: You must serve copies of the Notice of Filing Lien and Claim of Lien by certified mail upon the owners before filing your Claim of Lien. We also suggest that copies be served on the prime contractors and sureties, if known. After service, you must wait at least 10 days before filing your lien claim with the County Recorder's office or filing suit to perfect your lien.
Perfection: To perfect your mechanic's lien, you must file suit to foreclose the lien within 2 years of the last furnishing of labor, materials or services.
Payment Bond: Where a Payment Bond has been provided by a surety, after you have filed your Mechanic's Lien file suit against the sureties within the time frame set forth in the bond.
Attorney Fees can be assessed against an owner if he fails to pay any claimant without just cause or right. Conversely, he may recover attorney fees from you if your claim is found without cause or right.
The usual remedy is to file to enforce all claims in one suit (see below, Procedures). In any case, we strongly recommend that you attorney handle the enforcement actions to perfect you lien claims.
Information Requirements: Program information and information for Exhibits A-D, any additional costs as to legal fees, court costs and interest charges (don't pass these up. Estimate if necessary. In the case of Stop Notices and Bond Claims, the lenders or sureties will reserve only the amount for which you make claim), and the name of the county where the project resides (optional).
Form Types: Claim of Lien (Mechanics), Notice of Filing Lien, Exhibit's A-D, if needed and Recorder's Letter.
Procedures: Prepare your documents using the required information. You can file your mechanic's lien immediately, and serve a copy of the Notice of Lien and Claim of Lien upon the owner. We also recommend serving copies upon the prime contractor and sureties, if known. At this point you are ready to file suit to enforce all of your claims in one act.
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