Defending Against An Improper Mechanic’s Lien In Illinois

Property owners in DuPage County and across Illinois often find themselves facing mechanics liens filed by contractors, subcontractors, or suppliers. These liens can cloud the property title, prevent sales or refinancing, and create unnecessary financial pressure. While mechanics liens are intended to protect those who provide labor or materials, they are not always filed correctly or lawfully. Some contractors misuse the lien process to gain leverage, even when payment disputes are unfounded. As an Illinois attorney focused on defending property owners, I know how important it is to understand the mechanics lien laws and to act quickly when an improper lien threatens property rights. Defending against a lien requires knowledge of strict statutory requirements, potential defenses, and procedural deadlines under Illinois law.

Understanding Illinois Mechanics’ Lien Law

Mechanics liens in Illinois are governed by the Illinois Mechanics Lien Act (770 ILCS 60/1 et seq.). The Act provides contractors, subcontractors, and material suppliers the right to place a lien on real property if they are not paid for work performed or materials supplied. However, the law imposes strict conditions. For example, under 770 ILCS 60/7, subcontractors must serve notice of their claim within 90 days after completion of work to preserve lien rights. Additionally, liens must be recorded within four months of the last date of work under 770 ILCS 60/7, and lawsuits to enforce liens must be filed within two years. Failure to meet these statutory requirements can render a lien invalid.

Common Defenses Against Improper Liens

As a defense attorney, I often review whether the contractor or supplier has complied with Illinois statutory requirements. Some common defenses include:

• Lack Of Proper Notice – If subcontractors did not provide the 90-day notice required by 770 ILCS 60/24, the lien may be defective.
• Untimely Filing – If a lien was not recorded within four months or enforcement was not pursued within two years, it may be unenforceable.
• Payment Already Made – If the property owner has already paid the general contractor in full, subcontractors may be barred from enforcing claims beyond the unpaid balance.
• Inflated Or Fraudulent Claims – Liens that overstate the amount owed or include unrelated charges can be challenged as fraudulent under Illinois law.
• Warranty And Construction Defenses – Illinois builder warranty laws, such as implied warranties of habitability and quality, may also come into play. If work was defective or failed to comply with warranty obligations, the lien claim may be weakened.

Consequences Of An Improper Lien

Even if a lien is improper, its filing can have serious consequences. Title companies may refuse to insure property transfers, lenders may deny refinancing, and property value may be reduced until the lien is removed. That is why prompt legal action is critical. Property owners may file a petition to remove or bond over a lien under 770 ILCS 60/38, providing relief from clouded title while the dispute is resolved. In some cases, owners may also recover damages if a lien is found to be fraudulent or filed in bad faith.

Protecting Property Rights

Defending against an improper mechanics lien requires careful examination of both statutory compliance and the underlying contract or construction dispute. I work with property owners to challenge defective filings, enforce statutory deadlines, and ensure that lien claimants cannot use the law improperly. Illinois law provides tools to protect owners, but those tools must be applied quickly and strategically.

Frequently Asked Questions About Defending Against Mechanics’ Liens In Illinois

What Is A Mechanics’ Lien?

A mechanics lien is a legal claim placed on real property by a contractor, subcontractor, or supplier who alleges nonpayment for work performed or materials provided.

Can A Mechanics’ Lien Be Removed If It Was Filed Improperly?

Yes. If the lien fails to comply with requirements under the Illinois Mechanics Lien Act, it may be challenged in court and removed from the property record.

How Long Does A Contractor Have To File A Mechanics’ Lien In Illinois?

Contractors and subcontractors generally must record a lien within four months of completing work to maintain enforceability against third parties.

What If A Subcontractor Did Not Give Proper Notice?

Under 770 ILCS 60/24, subcontractors must provide written notice of their claim within 90 days of completing work. Failure to give notice may invalidate the lien.

Can A Property Owner Be Forced To Pay Twice For The Same Work?

If a property owner has already paid the general contractor in full, subcontractors may be limited in pursuing claims. Proper documentation and defenses are critical in these cases.

What Happens If A Lien Is Exaggerated Or Fraudulent?

Liens that misrepresent the amount owed or include false claims can be challenged as fraudulent. Courts may award damages if a lien was filed in bad faith.

How Long Does A Contractor Have To Sue On A Lien?

A lawsuit to enforce a lien must be filed within two years of the last date of work, according to 770 ILCS 60/9. Failure to meet this deadline makes the lien unenforceable.

Can A Property Owner Sell Or Refinance With A Mechanics’ Lien On Title?

Liens can block sales and refinancing because title companies often refuse to insure property with active claims. Removing or bonding over the lien is usually necessary.

What Options Exist To Remove A Lien Quickly?

Property owners may file a petition to bond over a lien under 770 ILCS 60/38. This allows transactions to move forward while the dispute is litigated.

How Do Illinois Builder Warranty Laws Affect A Mechanic’s Lien Claim?

If work was defective or failed to meet implied warranties of habitability or construction quality, those defects may weaken or defeat a lien claim.

Call Keller Law Group, LLC Today

Improper mechanics liens can place unfair burdens on property owners and jeopardize financial stability. At Keller Law Group, LLC, I defend clients against invalid liens, protect property rights, and pursue remedies when contractors misuse lien laws.

Contact our Chicago mechanics’ lien attorney at Keller Law Group by calling 630-868-3093 to receive an initial consultation. The firm represents clients in DuPage County, Chicago, and throughout Illinois in defending against improper mechanics liens and construction disputes.