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can I file a mechanic lien with no contract signed, only agree text messages?

IllinoisMechanics Lien

hello, I owner of a small business. I'm general contractor. unfortunately I did not get my contract signed the client was anxious to start it and I just sent the contract by text and she accepted it, then in the following day she give me more work of the same nature (wall paper removal, glue removal, wall repair and wall pain) only verbal. I did the 80% of the project when she blame for some damage that I wasn't responsible. I explained to her that it was already there before I start to work. she get mad, start to yield me and threatened me that she would not pay me. under these circumstances I decided not continued working and she refuse pay me. I prove her with pictures that she send me where this damage was there previously I start her work but she only wants take advantage.

3 replies

Oct 18, 2022

The Illinois Mechanics Lien Act does not require a written contract in order for an unpaid contractor, subcontractor, or supplier to have lien rights. As set forth in the Act:

Every contractor or subcontractor who has furnished or is furnishing labor, materials, services, fixtures, apparatus or machinery, or forms or form work to the owner, general, or sub [has the right to perfect and enforce a Mechanics Lien claim].

In the situation you describe, you may perfect your lien claim for the value of uncompensated labor and materials. You may use LevelSet to prepare and record your Notice of Claim with the County Recorder's office. LevelSet may also enable you to send the Notice and perfect the claim. Once a claim is perfected, a contractor who deals directly with the owner (a "general contractor") may file suit within 2 years from the last day of work to enforce its lien.

Finally, remember that regardless of your lien rights, you may always take action under a breach of contract and unjust enrichment theory.

I hope this information was helpful. Best of luck!

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Oct 19, 2022
While the statute allows for an implied contract, your job of enforcing the lien will be much more difficult. For an initial consultation contact us below.
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Oct 21, 2022
Yes.
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