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Letter of intent to file a Mechanics lien

IllinoisMechanics Lien

I am a kitchen and bath dealer who finished a Kitchen remodel job an customer refuses to pay the balance .

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Nov 3, 2022
What is the question?
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Nov 4, 2022

It sounds as if you want to know about your rights against a nonpaying customer. The short answer is that, depending on whether you were a direct or indirect supplier, or did the job yourself, you will have contract rights, equitable rights, and mechanics lien rights. You have options.

If you were a subcontractor or supplier only, that is different. Subcontractors and suppliers do not have a direct contractual relationship with the owner, so the Illinois Mechanics Lien Act imposes an additional burden for them to perfect their lien claims. 

The subcontractor or supplier must serve the owner and owner’s lender with a 60–day notice of intent to lien single family, owner–occupied property, and a 90-day notice for other types of property. 

As with a general contractor, a subcontractor or supplier must file suit within 2 years of last supplying labor or materials to enforce its lien. Failure to do so renders the lien claim null and void. 

Finally, even if the subcontractor or supplier fails to serve its notice, it can still enforce its lien claim - but only up to the amount listed the GC's sworn statement.

I hope this information was helpful. Best of luck.

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