I was contracted by OW2 Construction to paint at 8235 S. Cornell and was only paid $1500 of $7000 I was supposed to be paid. I did not have a contract, but I do have text messages outlining the agreement. I need assistance in knowing what I need to do next.
You were hired by a General Contractor, and are still owed approximately $5,500 (i.e. you were paid $1,500 of $7,000). The Illinois Mechanics Lien Act provides that anyone who improves property (i.e. does work, supplies labor or materials, etc.) has an interest in that property for the amount they are still owed. This is your "lien," but it is not effective until perfected.
You are a subcontractor. To perfect a lien, a subcontractor must file notice and deliver that notice to certain parties, including the owner(s), within 90 days of its last day of work. Failure to do so does not cutoff your right to payment, but you cannot rely on your Mechanics Lien. If you miss the window you must seek payment from the GC that hired you. This is obviously possible (and in some cases actually easier than enforcing a Mechanics Lien), but a properly perfected Mechanics Lien can sit on the title to the property, collect interest for up to 2 years, and will generally goad the bank or the owner into taking action.
Finally, once your lien is perfected (i.e. filed with the Recorder of Deeds and mailed to certain parties), then to collect you must file suit in the Circuit Court. This is a whole different issue, but again it can be done. It just has to be done right.
I hope this information was helpful. I recommend you consult an experience Construction Lawyer to help you collect. Best of luck!
You must include a statement detailing the contract, the balance due, and the legal description of the property that you are attaching the lien to. The deadline to file a lawsuit is two years from the last date work .
More facts are needed. You may have lien rights under the Illinois Mechanics Lien Act. I would need to know if you contacted with the owner or a general or sub-contractor, when did you last finish the work and is the property commercial or residential? In any event, if you have forfeited your lien rights for failure to comply with the statute, you can still sue for breach of contract and quantum meruit/unjust enrichment, so not all is lost.