Mazyar Hedayat is a construction attorney who works in Romeoville, IL. Mazyar has 26 years of experience with a license to practice in Illinois. Mazyar attended DePaul University College of Law, and currently works at M. Hedayat & Associates, P.C. in Illinois. More...
Construction Attorney at M. Hedayat & Associates, P.C.
If a contractor improved your property by performing work, they are entitled to payment under the law. That said, there are a number of factors that must line up in order for the contractor to collect: First and foremost, there is a time limit to place and enforce a Mechanics Lien; Second, the contractor must "perfect" the lien properly or it will be ineffective; Third, a contractor cannot collect twice for the same work; and Finally, you can force the contraSee More...See More...
Construction Attorney at M. Hedayat & Associates, P.C.
A custom-window supplier is considered a "materialman" under the Illinois Mechanics Lien Act (the "Act") and therefore has full lien rights. How you enforce those rights depends on whether you contracted directly with the owner of the project (in which case you are treated as a GC) or with another contractor (in which case you are treated as a subcontractor). To perfect your lien rights, you must observe these dates: 4-Month Notice: If you contracted withSee More...See More...
Construction Attorney at M. Hedayat & Associates, P.C.
You appear to ask is whether a Sworn Statement should be used to collect the Retainage. If that is the question, then the answer is "Yes." I suspect there must be more to the situation making you question your options. But, really the Financing Bank Escrow Menager; or Project Owner should have their own requirements before the Retainage is disbursed. That may be a Sworn Statement, Lien Waiver, etc. The exact document mix is project-specific. I See More...See More...
Construction Attorney at M. Hedayat & Associates, P.C.
Actually, General Contractors (especially in connection with Cook County projects) seek presigned, unconditional waivers all the time. Whether or not you feel comfortable giving one is up to you. Should you need to dispute the validity of a Waiver, remember that Lien Waivers are contractual in nature. Like a contract, in order to be valid a waiver must be the result of Offer Acceptance Consideration The offer is the work. The acceptance is you signiSee More...See More...
Construction Attorney at M. Hedayat & Associates, P.C.
You ask how to proceed if you suspect that a delinquent customer is deceased. The Short Answer is that you should confirm whether a Probate Estate has been opened. If none can be found, or in the meantime, your Lien will continue to be in effect. If you are not contacted by the time your 2-year deadline is near expiration, I would file suit. That said, I suspect that you will be contacted before then. To confirm that you are taking all necessary steps to cSee More...See More...