Elgin Construction Lawyer

Record it in the county where the particular parcel lies. Elgin spans Kane and Cook Counties, so do not determine the recording county from an east-side or west-side description alone. For Kane County parcels, liens are recorded with the Kane County Recorder, 719 South Batavia Avenue, Building C, Geneva. For Cook County parcels, liens are recorded with the Cook County Clerk's Office, Recordings Division. 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. Confirm the county from the county records and title information before recording. A wrong-county filing discovered after the four-month period usually cannot be corrected in time to protect your rights against third parties.

It depends on the county of the parcel. For Kane County property, the foreclosure is filed in the Circuit Court of the Sixteenth Judicial Circuit, Kane County, and the hearing location and calendar depend on the court's current assignment. For Cook County property, mechanic lien foreclosures are assigned to the Mortgage Foreclosure/Mechanics Lien Section of the Chancery Division of the Circuit Court of Cook County at the Daley Center in Chicago. Under Section 9 of the Illinois Mechanics Lien Act, 770 ILCS 60/9, suit generally must be filed within two years after completion. Section 11 addresses the necessary parties, which include the owner, the contractor, parties in the contract chain, other actual or potential lien claimants, and persons whose interests the claimant seeks to affect, such as lenders. The practical consequence is that a title search should be ordered before the complaint is drafted, so every necessary party is named.

No. The Section 24 notice under the Illinois Mechanics Lien Act, 770 ILCS 60/24, is required of subcontractors and suppliers, not of an original contractor hired directly by the owner. That does not mean an original contractor has no notice duties. Under Section 7, 770 ILCS 60/7, the original 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. On an owner-occupied single-family residence, Section 7(d) requires notice to the owner within 10 days after recording, and late notice can extinguish the lien to the extent of resulting owner damages. Section 5 imposes sworn statement duties. 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 four-month date is critical on owner-direct Elgin projects.

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 and settle.

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 you lose the security of the lien. Owners often serve these demands before a sale or refinancing. The practical consequence is that a Section 34 demand needs immediate legal review, because the complaint must be filed in the correct county court within the period.

A private mechanic lien generally cannot attach to public real estate, so consider the two public project remedies. Section 23 of the Illinois Mechanics Lien Act, 770 ILCS 60/23, permits a lien on eligible public funds owed to the contractor. For a local public body, the sworn notice goes to its clerk or secretary before the funds are paid out, a copy goes promptly to the contractor, and the claimant must file the statutory accounting action within 90 days after serving the notice. The Public Construction Bond Act, 30 ILCS 550, generally requires a payment bond on public work over $150,000 as of 2026. A bond claimant must file a verified notice within 180 days after its last furnishing, send the contractor a copy within 10 days, and sue within one year after last furnishing. A public entity's name alone does not establish that a bond exists. The practical consequence is that you should request the payment bond at the start of the project.