How To eSign Illinois Mechanic's Lien

How to document type e sign mechanics lien illinois

my name is Marjorie Newman and I'm a partner at the law firm of Joyce Levy and angle I am going to be speaking about construction law today primarily on the topics of mechanic's liens deadlines and how to bond over lien claims the Illinois mechanic's lien Act would be the place to look for the information that you need regarding the requirements and the deadlines to either file a lien on a piece of property or to defeat a lien on a piece of property since the Illinois mechanic's lien Act is a creature of statute the deadlines set forth in the Act are strictly construed once the time requirements are met however the requirements of the Act are liberally construed if you are representing a subcontractor it is important that within 90 days of the last day of work your client sends out a notice to the owner the general contractor and any lender that the subcontractor is not being paid thereafter the subcontractor must record a lien on the property within four months of the last day of work a lawsuit must be filed within two years of the last date of work please note that the last date of work cannot be either returning to the project two fixed effective work but it must be based contract work if you are representing a general contractor your client does not have to provide what is referred to as the 90 day notice that I just discussed but the general contractor must record a lien on the property within four months of its last day of work also the same two-year time period for recording a lien is also required as a home owner you would use these dates or the missing of these dates to defeat a lien on your property so it is important to keep all of these deadlines in place and know exactly when the last date of work was performed on the property if the subcontractor is doing work on a single-family owner-occupied piece of property the subcontractor must give a notice of commencement within 60 days of starting a project this is the only time that a subcontractor gives a notice of commencement the requirements are not very much more than a letter to the homeowner saying dear homeowner please note that I have been hired to do let's say your kitchen cabinets and that I have a contract with your general contractor please do not pay anyone until you receive my waiver if you are having work done by a general contractor for home repair or remodeling as a homeowner you are entitled to receive not only a brochure from the contractor for con acts over $1,000 but you must sign that brochure and you are entitled to a three-day right of rescission now that's not under the mechanic's lien Act that is under the home repair and remodeling act as the attorney for the homeowner you must advise your client to ask for what is referred to the contractors sworn statement the owner must ask for and the contractor must provide what is referred to as a section 5 contractor sworn statement this contractor sworn statement includes the names and addresses of all of its subcontractors the work that is going to be provided the contract amount what has been paid to date what the current request for payment is and anything that is due or to become due after a particular pay application be careful if you are representing homeowners to advise them about getting not only the contractor sworn statement but also a partial waiver of lien which also includes the name of all of the subcontractors and at the time of final payment for each trade not at the end of the job but for each trade you need to get a final waiver when work is completed do not wait until the end of a job to try to collect these waivers because it becomes much more difficult after the contractor or subcontractor is off the project if you are representing a general or a subcontractor be careful about putting down under the contractor sworn statement all material from fully paid stock delivered on our own trucks this type of sworn statement can only be relied upon in very limited situations some contractor or especially subcontractor that is going to be providing large amounts of carpentry material large amounts of electrical supplies such as conduit and light bulbs are not going to be keeping all of these items in their own warehouse therefore it is important that you be sure to get all of your subcontractors to list your material suppliers finally if you find out that you do have a lien recorded on your property the owner the general contractor or even the lender may bond over that lien claim and obtain clear title this is a new section under the Illinois mechanic's lien Act for more information on this presentation or the illinois mechanic's lien act please view my full presentation recorded during the construction industry shortcuts to disaster program and available on the is BA co e archives you [Music]