We are a truss manufacturer and received an order for floor and roof trusses. All were built, but only floor trusses were delivered. Payment issues arose between general contractor and owner. Can we place a lien on the property for the amount of the floor trusses only since they were delivered? Was not sure since not all of the job was completely delivered if a lien for the partial shipment amount was acceptable?
You ask if you can place a mechanics lien against Illinois property for the value of completed but undelivered materials (i.e., trusses). Short Answer: No. Longer Answer: The value of the items may be pursued in a complaint to foreclose your lien and for other relief.
The Mechanics Lien Act creates rights in favor of contractors, subcontractors, and suppliers for unpaid sums that arise from labor, materials, and fixtures incorporated into the project. This opens a whole new avenue of collection by parties who ordinarily would have no rights against the owner such as a sub or materialman. But, items not installed are not lienable: they form the basis of breach of contract and unjust enrichment counts in a complaint to foreclose your mechanics lien.
I hope this information was helpful. Best of luck!
Understood. No, to value of completed but undelivered material. What about partially delivered material?
Don't know what you mean by "partially delivered" material. If the item wasn't installed at the project, it's lien status is questionable. And, a lien with an invalid rationale can be the basis for a claim of "slander on title." Given the nuances of your claim, it is probably time to engage an Illinois construction lawyer to pursue your claim.
Best of luck.
Yes, so long as the goods were delivered to the site you desire to lien.