Chicago Claim Form

• Category: Illinois Liens - Construction - Mechanics
• State: Illinois
• City: Chicago
• Control #: IL-07A-09
• Format: Word; Rich Text

Description

Pursuant to 770 ILCS 60/24, this form may be used by a corporate or LLC subcontractor to give his notice to the owner of record or his agent or architect or the superintendent in charge of the building or improvement. In Chicago, Illinois, a subcontractor's lien, also known as a mechanic's lien, is a legal claim that can be filed by subcontractors or suppliers in order to secure payment for labor or materials provided for a construction project. This lien serves as a form of protection for those who are involved in the construction trade and may otherwise face difficulties in receiving compensation for their work. When a subcontractor or supplier is not paid for the work they have completed, they have the option to file a Notice of Claim to initiate the process of placing a lien on the property. This notice must be sent to the property owner, the general contractor, and any other involved parties within a specific timeframe, typically within a certain number of days from when the subcontractor or supplier last provided labor or materials. Once the Notice of Claim has been properly filed, the subcontractor or supplier can proceed to file the actual mechanic's lien. This lien is a legal document that is recorded with the county recorder's office and becomes a public record, creating a cloud on the property's title. This means that the property owner will have difficulty selling or refinancing the property until the lien is resolved. In the context of corporations or limited liability companies (LCS), it is important to note that these business entities can also file mechanic's liens as long as they comply with the specific requirements set forth by the Illinois mechanics lien laws. Whether a business is structured as a corporation or an LLC, it must ensure that all necessary steps are taken and deadlines are met in order to protect their right to file a lien and potentially recover unpaid amounts. Several variations exist within the realm of subcontractor's liens and mechanic's liens, including: 1. Mechanic's Lien for Construction Contracts: This type of lien is filed when a subcontractor or supplier has not been paid for their work or materials on a construction project. 2. Mechanic's Lien for Subdivision and Condominium Development: This variation applies specifically to projects involving the development of subdivisions or condominiums. The requirements for filing this type of lien may differ from those for traditional construction projects. 3. Retain age and Lien Waivers: Retain age refers to a portion of payment that is purposely withheld until a project reaches completion. Subcontractors and suppliers must take note of to retain age amount and ensure proper lien rights are preserved. Additionally, lien waivers may be requested by general contractors or property owners as a condition for payment. It is important to carefully review the terms of lien waivers before signing them to avoid waiving lien rights inadvertently. 4. Notice of Intent to Lien: This is an alternative step that may be taken before filing a mechanic's lien. By serving a Notice of Intent to Lien, subcontractors or suppliers can alert the property owner and other parties involved that they intend to file a lien unless payment is made promptly. Navigating the intricacies of subcontractor's liens, Notice of Claim, and mechanic's liens in Chicago, Illinois, can be complex. It is advisable to consult with an attorney experienced in construction law to ensure compliance with all legal requirements and maximize the chances of obtaining rightful compensation.

In Chicago, Illinois, a subcontractor's lien, also known as a mechanic's lien, is a legal claim that can be filed by subcontractors or suppliers in order to secure payment for labor or materials provided for a construction project. This lien serves as a form of protection for those who are involved in the construction trade and may otherwise face difficulties in receiving compensation for their work. When a subcontractor or supplier is not paid for the work they have completed, they have the option to file a Notice of Claim to initiate the process of placing a lien on the property. This notice must be sent to the property owner, the general contractor, and any other involved parties within a specific timeframe, typically within a certain number of days from when the subcontractor or supplier last provided labor or materials. Once the Notice of Claim has been properly filed, the subcontractor or supplier can proceed to file the actual mechanic's lien. This lien is a legal document that is recorded with the county recorder's office and becomes a public record, creating a cloud on the property's title. This means that the property owner will have difficulty selling or refinancing the property until the lien is resolved. In the context of corporations or limited liability companies (LCS), it is important to note that these business entities can also file mechanic's liens as long as they comply with the specific requirements set forth by the Illinois mechanics lien laws. Whether a business is structured as a corporation or an LLC, it must ensure that all necessary steps are taken and deadlines are met in order to protect their right to file a lien and potentially recover unpaid amounts. Several variations exist within the realm of subcontractor's liens and mechanic's liens, including: 1. Mechanic's Lien for Construction Contracts: This type of lien is filed when a subcontractor or supplier has not been paid for their work or materials on a construction project. 2. Mechanic's Lien for Subdivision and Condominium Development: This variation applies specifically to projects involving the development of subdivisions or condominiums. The requirements for filing this type of lien may differ from those for traditional construction projects. 3. Retain age and Lien Waivers: Retain age refers to a portion of payment that is purposely withheld until a project reaches completion. Subcontractors and suppliers must take note of to retain age amount and ensure proper lien rights are preserved. Additionally, lien waivers may be requested by general contractors or property owners as a condition for payment. It is important to carefully review the terms of lien waivers before signing them to avoid waiving lien rights inadvertently. 4. Notice of Intent to Lien: This is an alternative step that may be taken before filing a mechanic's lien. By serving a Notice of Intent to Lien, subcontractors or suppliers can alert the property owner and other parties involved that they intend to file a lien unless payment is made promptly. Navigating the intricacies of subcontractor's liens, Notice of Claim, and mechanic's liens in Chicago, Illinois, can be complex. It is advisable to consult with an attorney experienced in construction law to ensure compliance with all legal requirements and maximize the chances of obtaining rightful compensation.

Law summary