Wheaton Construction Lawyer

Wheaton is in DuPage County, so the claim is recorded with the DuPage County Recorder of Deeds, 421 North County Farm Road, Wheaton. 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. Confirm the owner of record from the county records and title information. A claim recorded against the wrong owner or parcel invites a challenge from the owner and lender. The practical consequence is that you should obtain the deed or title commitment before drafting the lien, not after.

Generally yes, subject to the Condominium Property Act. Under Section 9.1 of the Act, 765 ILCS 605/9.1, work authorized by the association's board is deemed authorized by each unit owner, and each unit bears its proportionate share. Work authorized by one unit owner, by contrast, ordinarily cannot support a lien against another owner's unit. A lien affecting multiple units must respect each owner's right under the Act to pay its proportionate share and obtain a release. Proper identification of the affected units and their common-element interests is essential, although a single claim covering several units is not automatically invalid merely because it is not allocated unit by unit. Townhome communities may or may not be governed by the Condominium Property Act. The practical consequence is that association liens take more preparation, often including a review of the declaration, the board's authorization, and the tax parcels, so begin well before the four-month deadline.

For DuPage County property, including Wheaton, a lien foreclosure is filed in the Circuit Court of the Eighteenth Judicial Circuit at the DuPage County Judicial Center, 505 North County Farm Road, Wheaton. 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 contract or the extra or additional work. Section 11 requires the claimant to join the owner, the contractor, persons in the contract chain between the claimant and the owner, persons who have asserted or may assert Mechanics Lien Act liens, and persons against whose property interests the claimant asserts its claim. The practical consequence is that a title search should be ordered before the complaint is drafted, so every necessary party is named and the case is not delayed by amendments.

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. 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. County, city, park district, and school district projects in Wheaton fall within these rules. The practical consequence is that you should request the bond at the start of the project.

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 notice applies to subcontractor furnishing for an existing owner-occupied single-family residence; do not assume it governs association-contracted condominium common-element work, which requires analysis of the property's legal organization, the work, and the contracting parties. 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.

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. Owners and associations 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.