Construction Risk Management — Mechanic's Lien Legal Counsel

Protecting Your Right to Payment: Pre-Lien, Mechanic's Liens, and Strategic Legal Support

Managing accounts receivable is critical to the health and continuity of your construction or service business. Timely legal intervention is often the difference between writing off bad debt and securing payment. Every construction company, whether a general contractor, subcontractor, or material supplier, should have its accounts receivables officer in regular and early communication with legal counsel. This collaboration enables early identification of delinquent accounts and allows for timely initiation of the legal steps required to preserve lien rights and enforce payment obligations.

Emalfarb Law is uniquely positioned to support construction businesses and commercial factors in every U.S. jurisdiction through our extensive 50-state local counsel network, deep industry knowledge, and white glove service. Our team routinely works with companies and financial institutions to enforce payment rights and maximize recovery efforts under applicable state lien laws.

Need to Calculate Your Illinois Mechanic Lien Deadlines?

Illinois construction projects are subject to strict mechanic lien deadlines under the Illinois Mechanics Lien Act. Missing a notice or filing deadline can result in losing your lien rights entirely.

To make compliance easier, we have developed a free and dependable tool:

 👉 Illinois Mechanic Lien Deadline Calculator 

Use this calculator to quickly determine key dates for serving notices, recording liens, and enforcing your claim, based on your role and project type.

A Notice to Owner, also referred to as a Preliminary Notice or Notice of Furnishing depending on the jurisdiction, is typically the first formal step in preserving lien rights. This notice informs the property owner, general contractor, and other stakeholders that a contractor, subcontractor, or supplier has provided labor or materials and intends to preserve its rights to lien the property if payment is not made. 

How Emalfarb Law Can Help
We assist clients in preparing and serving valid and timely NTOs in accordance with state-specific statutes. We also advise on the proper parties to serve and track compliance to avoid waiver of lien rights.

The Pre-Lien Process encompasses all preliminary legal steps necessary to preserve and perfect a lien claim. This includes identifying all required statutory notices, deadlines, and evidentiary documentation—such as contracts, delivery receipts, and payment applications—that support a lien filing.

How Emalfarb Law Can Help
We guide your accounts receivable personnel in gathering essential information, determining statutory deadlines, and preparing pre-lien notices and lien-related documents that comply with state law. Our early involvement ensures you do not lose rights due to procedural or timing errors.

A Mechanic’s Lien is a statutory tool that allows contractors, subcontractors, laborers, and suppliers to secure payment for services or materials furnished to improve privately owned real property. It encumbers the property title and can lead to foreclosure if not resolved, making it one of the most powerful remedies available for unpaid construction-related debt.

Each state imposes strict procedural requirements for the creation, perfection, enforcement, and discharge of mechanic’s liens. Failure to meet these deadlines or procedural requirements will typically result in a complete forfeiture of lien rights.

How Emalfarb Law Can Help

We prepare and record mechanic’s liens with precision and speed, ensuring compliance with state-specific filing and service rules. Our attorneys also prosecute lien foreclosure actions where necessary, and negotiate lien releases upon resolution. With our 50-state reach, we provide a single point of contact for national lien portfolios.

Factors who purchase accounts receivable from construction companies rely on valid lien rights to secure the underlying obligation. However, the complexity of lien law and statutory nuances across jurisdictions can pose risk to enforceability.

How Emalfarb Law Can Help

We represent factors in evaluating the enforceability of assigned lien rights and confirming statutory compliance by the assignor. We also pursue recovery on behalf of factors through lien enforcement actions, breach of contract claims, and other legal remedies. Our industry familiarity enables us to anticipate issues and build solid recovery strategies.

• 50-State Local Counsel Network: Our firm provides a single-source legal solution for lien and collection matters nationwide.
   
• Construction Law Focus: We possess decades of experience in the construction industry, enabling us to navigate complex issues swiftly and effectively.
   
• White Glove Service: We deliver tailored, high-touch legal support with an emphasis on responsiveness, clarity, and results.

Securing your right to payment should not be an afterthought. Engage legal counsel early. With Emalfarb Law as your strategic partner, you gain access to seasoned attorneys who understand your business, know the law in every jurisdiction, and take swift, decisive action to protect your financial interests.