Joliet Construction Lawyer

Record it in the county where the parcel is located. Most of Joliet is in Will County, where liens are recorded with the Will County Recorder at 158 North Scott Street in Joliet. The far western portion of the city lies in Kendall County, where liens are recorded with the Kendall County Recorder at 111 West Fox Street in Yorkville. 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, especially on west-side subdivisions and industrial sites near the county line. A wrong-county filing found after the four-month period usually cannot be fixed in time to protect your rights against lenders and purchasers.

It depends on timing and on how the property's value is allocated. Under Section 16 of the Illinois Mechanics Lien Act, 770 ILCS 60/16, an encumbrance recorded before the improvement contract generally has priority in the proceeds attributable to the property's value at the time of that contract, while lien claimants have priority in the proceeds attributable to all subsequent improvements, whether or not a particular claimant furnished them. A timely perfected lien may have priority over interests that arise after the relevant contract date, subject to exceptions and defenses. The Illinois Supreme Court's decision in LaSalle Bank National Ass'n v. Cypress Creek 1, LP, 242 Ill. 2d 231 (2011), construed an earlier version of Section 16 that the legislature amended in 2013. The practical consequence is that timely recording under Sections 7 and 28 and evidence of the value the improvements added are both essential when a developer defaults.

Yes. Sections 1 and 21 of the Illinois Mechanics Lien Act, 770 ILCS 60/1 and 60/21, extend lien rights to persons who furnish materials for the improvement of real property, including suppliers to subcontractors. A supplier must show that the material was furnished for the specific property. Under Section 7(a), it need not always prove the material was actually incorporated into the improvement if the statutory delivery requirements are met, which is why job-specific delivery tickets and signed receipts matter. A supplier without a direct contract with the owner must serve the Section 24 notice within 90 days after completing its own contract and must record its claim, or commence suit, within four months after completion to preserve rights against third parties. The practical consequence is that suppliers delivering to several sites for the same customer should track deliveries by project from the first invoice.

A private mechanic lien generally cannot attach to public real estate, so Illinois provides two other 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, the claimant must promptly furnish a copy to the contractor, and the claimant must file the statutory accounting action within 90 days after serving the notice and deliver a copy of the complaint within 10 days after filing. 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. The practical consequence is that you should request the bond at the start of the project.

Generally, it does not defeat the lien. A pay-when-paid clause ordinarily addresses only the timing of payment, while a sufficiently clear pay-if-paid clause may shift the risk of owner nonpayment for an ordinary contract claim. Section 21(e) of the Illinois Mechanics Lien Act, 770 ILCS 60/21(e), however, expressly prevents an upstream payment condition from serving as a defense to claims brought under Sections 21, 22, 23, or 28 of the Act. The appellate court discussed that distinction in Beal Bank Nevada v. Northshore Center THC, LLC, 64 N.E.3d 201 (Ill. App. Ct. 1st Dist. 2016). A lien waiver requires separate analysis of its scope, validity, and consideration, and Section 1(d) limits certain advance waivers. On production-builder subdivisions, homes close quickly, so the practical consequence is that you should serve notice and record before the home is sold to a purchaser who will challenge the claim.

Under Section 9 of the Illinois Mechanics Lien Act, 770 ILCS 60/9, a lien claimant generally must file suit, or a counterclaim, to enforce the lien within two years after completion of the contract or the extra or additional work. For Will County property, the suit is filed in the Twelfth Judicial Circuit Court in Joliet; for Kendall County property, it is filed in the Twenty-Third Judicial Circuit Court in Yorkville. The period can be cut short. Under Section 34, 770 ILCS 60/34, the owner or an interested party can serve a written demand, containing the statutory boldface warning, by certified or registered mail or 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 practical consequence is that a Section 34 demand needs immediate legal review, because service on your agent or attorney can start the period.