Defending Against Contractor and Sub Contractor Mechanics Liens In Illinois

Article written by Illinois & Iowa Attorney Kevin O’Flaherty

In this article, we’ll discuss the various methods for evaluating the validity of a mechanics lien in Illinois. We’ll cover topics such as the proper prerequisites to a mechanics lien, the difference between contractors and subcontractors and the work must have been done to satisfy a lien, information necessary in a mechanics lien, and deadline associated with filing a claim.

Subcontractor Vs. Contractor Mechanics Liens

Have the Prerequisites to the Lien Been Satisfied? The prerequisites for a contractor versus a subcontractor lien differ somewhat, but the basic stipulations are the same.

Is the claimant a contractor or subcontractor?

In order for a mechanics lien claim to be valid, the claimant must be defined as contractor or subcontractor as described in the Mechanics Lien Act. This act defines a contractor as any person who enters into a contract with the owner of the land or property in question for the purpose of improving or maintaining the land or structure on the land. A subcontractor is one who contracts with the general contractor to do a portion of the work but is not privy to the contract between the general…