Waukegan Construction Lawyer

Waukegan is in Lake County, where the former Recorder of Deeds was consolidated into the County Clerk's office effective December 1, 2022. Mechanic liens are therefore recorded with the Lake County Clerk's Recording Division, 18 North County Street, 6th Floor, Waukegan, which accepts in-person and electronic recording. Under Section 7 of the Illinois Mechanics Lien Act, 770 ILCS 60/7, recording a sufficient verified claim, 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 before drafting the lien, not after.

No. Federal property cannot be liened under a state lien statute. On a covered federal construction contract, the remedy for unpaid subcontractors and suppliers is generally a claim against the prime contractor's payment bond under the Miller Act, 40 U.S.C. §§ 3131 to 3134, and the Federal Acquisition Regulation generally requires that bond on construction contracts exceeding $150,000. A claimant with a direct contract with the prime contractor need not give the special second-tier notice. A claimant with a contract only with a subcontractor must give the prime contractor written notice within 90 days after its last labor or material, by a method providing third-party verification of delivery. More remote suppliers are generally not covered, as the Supreme Court held in Clifford F. MacEvoy Co. v. United States ex rel. Calvin Tomkins Co., 322 U.S. 102 (1944). Suit must be filed in federal court within one year after last furnishing, or the statutory bond claim is usually lost.

Consider both public project remedies. Section 23 of the Illinois Mechanics Lien Act, 770 ILCS 60/23, permits a lien on eligible public funds the district still owes the contractor. The sworn notice goes to the district's clerk or secretary before those funds are paid out, a copy must promptly go to the contractor, and the claimant must file the statutory accounting action within 90 days after serving the notice. The lien reaches only eligible funds for which the statutory voucher or other evidence of indebtedness has not already been issued and delivered to the contractor. 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. The practical consequence is that the public funds notice should be served early, while the district still holds money owed to the contractor.

It applies when a subcontractor works on an existing owner-occupied single-family residence anywhere in Illinois, including Waukegan. 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. This requirement 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, which is the surest way to preserve full recovery.

Under Section 9 of the Illinois Mechanics Lien Act, 770 ILCS 60/9, a claimant generally must file suit, or a counterclaim, to enforce a lien within two years after completion of the contract or the extra or additional work. For Waukegan property, the suit is filed in the Circuit Court of the Nineteenth Judicial Circuit at the Lake County Courthouse. The owner or any interested person can shorten that period by serving a written demand under Section 34, 770 ILCS 60/34. The demand must contain the statutory warning in at least 10-point boldface type and be served by registered or certified mail, return receipt requested, 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 contract claim is not automatically extinguished, but the security of the lien is lost. The practical consequence is that any Section 34 demand requires immediate legal review.

For covered home repair and remodeling work over $1,000, Section 15 of the Home Repair and Remodeling Act, 815 ILCS 513/15, requires a written contract or work order furnished to the customer for signature before work begins. It must state the total cost, including parts and materials listed with reasonable particularity and any charge for an estimate, and the contractor's business name and address, with an additional street address if a P.O. box or mailing service is used. Section 20 requires the Attorney General's consumer rights pamphlet, with a signed acknowledgment for contracts over $1,000, and Section 15.1 imposes disclosure requirements for arbitration or jury waiver clauses. In K. Miller Construction Co. v. McGinnis, 238 Ill. 2d 284 (2010), the Illinois Supreme Court held that a writing violation does not automatically bar recovery. A homeowner who suffers actual damage from a violation may pursue a consumer fraud remedy. The practical consequence is that a compliant contract makes a residential lien easier to enforce.