Arlington Heights Construction Lawyer

Record it in the county where the parcel lies. Arlington Heights lies principally in Cook County, where the claim is recorded with the Cook County Clerk's Office, Recordings Division, which assumed the duties of the former Recorder of Deeds on December 7, 2020; a portion of the village is in Lake County, where the claim is recorded with the Lake County Clerk's Recording Division in Waukegan. Under Section 7 of the Illinois Mechanics Lien Act, 770 ILCS 60/7, recording a sufficient verified claim in the correct county, or commencing suit, within four months after completion preserves the lien against creditors, encumbrancers, and purchasers; for subcontractors, that requirement operates through Sections 7 and 28. Section 7 requires a description sufficiently correct to identify the property, and in practice an accurate legal description and property index number are the prudent way to meet it. The practical consequence is that you should obtain the deed or title commitment, which confirms both the owner and the county, before drafting the lien.

If you are a subcontractor working on an existing owner-occupied single-family residence, yes. Section 21(c) of the Illinois Mechanics Lien Act, 770 ILCS 60/21(c), requires a notice to the occupant or the occupant's agent within 60 days after first furnishing, containing the statutory information and warning, delivered personally or by certified mail, return receipt requested. It is separate from the 90-day notice under Section 24. The 60-day provision concerns existing owner-occupied single-family residences only. A late notice can preserve the lien, but only to the extent the owner was not prejudiced by payments made before receiving it, as the appellate court explained in Crawford Supply Co. v. Schwartz, 396 Ill. App. 3d 111 (1st Dist. 2009). The practical consequence is that residential subcontractors should serve the notice at the start of the job, because every payment the homeowner makes before receiving it can reduce recovery.

An original contractor hired directly by the homeowner does not serve the Section 24 notice, but that does not mean no notices at all. Under Section 7 of the Illinois Mechanics Lien Act, 770 ILCS 60/7, the contractor must record a sufficient verified claim, or commence suit, within four months after completion to preserve the lien against lenders, judgment creditors, and purchasers. For improvements to an owner-occupied single-family residence, Section 7(d) requires written notice to the owner within 10 days after recording; notice is served when sent or personally delivered, and failure to give it extinguishes the lien only to the extent of resulting owner damages. Section 5 imposes separate duties, including the residential warning in Section 5(b)(i). A claim not perfected within four months may still be enforceable against the original owner by timely suit within two years under Section 9. The practical consequence is that the recording date and the 10-day notice should be calendared together.

It can, if you contracted directly with the homeowner for covered repair or remodeling work. The Home Repair and Remodeling Act, 815 ILCS 513, requires a written contract or work order for covered work over $1,000 and the consumer rights pamphlet on covered contracts of any amount. It does not apply to original construction of a new home. In MD Electrical Contractors, Inc. v. Abrams, 228 Ill. 2d 281 (2008), the Illinois Supreme Court held that the Act applies to those who contract directly with the homeowner, not to subcontractors acting in that capacity. In K. Miller Construction Co. v. McGinnis, 238 Ill. 2d 284 (2010), the Court held that a writing violation does not automatically bar oral-contract or quantum meruit recovery. A homeowner who suffers actual damage from a violation may pursue a consumer fraud remedy. The practical consequence is that a compliant written contract and signed change orders make a residential lien easier to enforce.

It depends on the county of the parcel. For Cook County property, a lien foreclosure is filed in the Circuit Court of Cook County, which assigns mechanic lien cases to the Mortgage Foreclosure/Mechanics Lien Section of its Chancery Division at the Richard J. Daley Center in Chicago; other Arlington Heights cases may be heard at the Rolling Meadows courthouse, depending on case type. For the Lake County portion, the foreclosure is filed in the Nineteenth Judicial Circuit Court in Waukegan. Under Section 9 of the Illinois Mechanics Lien Act, 770 ILCS 60/9, suit generally must be filed, or a counterclaim asserted, within two years after completion of the work. Under Section 34, an owner can serve a demand that shortens that period to 30 days after receipt. Section 11 requires joinder of the owner, the contractor, others in the contract chain, other lien claimants, and persons whose interests the claimant seeks to affect. The practical consequence is that a title search should precede the complaint.

You generally have 30 days to act. Under Section 34 of the Illinois Mechanics Lien Act, 770 ILCS 60/34, the owner or any interested person may serve a written demand requiring the lien claimant to commence suit to enforce the lien. A properly prepared demand contains the statutory warning in at least 10-point boldface type and is served by registered or certified mail, return receipt requested, or by personal service. If the claimant does not commence suit, or answer asserting the lien in a pending suit, within 30 days after receipt, the lien is forfeited. The demand does not automatically extinguish the contract claim against the party responsible for payment, but the security of the lien is lost. Homeowners often serve these demands before a sale or refinancing. The practical consequence is that a Section 34 demand needs immediate legal review, because service on your agent or attorney can start the period.