Mechanic’s liens (perfection and enforcement)

A mechanic’s lien is a secured interest in real estate (similar to a mortgage) that may be recorded to protect the right to payment of a contractor, subcontractor, laborer or material supplier who has furnished labor or materials for the improvement of real estate. While a mechanic’s lien may not always be necessary to ensure payment, a mechanic’s lien is a particularly effective remedy to ensure payment for services or materials that are provided. The benefits of having a properly perfected mechanic’s lien include being able to prevent the property involved from being purchased or sold, obtaining interest on the amounts that are owed, and being entitled to attorney’s fees, in certain situations. While there are great advantages to having a properly perfected mechanic’s lien, the steps that are necessary to perfect a lien are technical and must be followed with the utmost accuracy. Experience and understanding of Illinois mechanic’s lien law is imperative to perfect and enforce mechanic’s lien rights.

The mechanic’s lien attorneys at Churchill, Quinn, Richtman & Hamilton have perfected and enforced thousands of mechanic’s liens over the years. Our attorneys have represented developers, general contractors, laborers, design professionals, subcontractors and material suppliers to properly record and perfect mechanic’s liens on our clients’ behalf and to bring litigation to foreclose the liens, when necessary.

Our attorneys have:
  • Represented a general contractor to perfect its mechanic’s lien in excess of $1 million upon a newly constructed commercial building on Chicago’s North Shore. After perfecting the lien, foreclosure litigation was commenced and resulted in a favorable settlement for our client.
  • Represented a material supplier client to record mechanic’s liens against hundreds of residential properties in Cook, Lake, McHenry, DuPage, Will and Kendall counties after the client’s customer failed to pay and filed for bankruptcy protection. Lawsuits were brought to foreclose the liens and resulted in settlements paid from the title insurance company that had insured clear title to the properties.
  • Represented a material supplier to record a lien against properties located in a stalled residential development. A ruling of summary judgment was obtained for the full amount of the lien, plus interest and attorney’s fees.
  • Represented a carpenter contractor to record its mechanic’s lien against a condominium building consisting of several hundred individual units.