Home>Levelset Community>Legal Help>We have a client with a few projects with outstanding balances, almost half of which have a last shipment date outside of 90 days.
We have a client with a few projects with outstanding balances, almost half of which have a last shipment date outside of 90 days.
We have a client with a few projects with outstanding balances, almost half of which have a last shipment date outside of 90 days.
1 reply
Oct 17, 2017
In Illinois, missing the general 90-day deadline may not be the end of the world in the attempt to recover those invoices through the lien process. The 90-day deadline is the deadline for the highest level of protection, but if the improved property hasn't been sold, there may still be time.
The date by which a mechanics lien is filed in Illinois determines against whom the lien is effective. To be effective against all parties, including subsequent purchasers, the lien must be filed within 4 months of the completion of the overall project. To be effective against the original owner only, however, the lien must be filed within 2 years of the completion of the last lienable work on the project.
If work was furnished within the last 2 years, and the property hasn't been sold, a mechanics lien enforceable against the owner may still be filed.
Note, however, that any required "preliminary" notice deadlines still apply, depending on project role.