A professional land surveyor has filed a lien against my client. I’ve been hired to properly complete the original contract which the first surveyor has not satisfactorily completed
You are a land surveyor and wish to contest the mechanics lien filed by the prior surveyor. In general, the steps are:
Review Existing Lien: The Mechanics Lien Act (770 ILCS 60/1 et seq.) requires that the lien comply with all of its requirements, including proper service and recording ("Perfection"), a complete legal description of the property, and sufficient description of the work performed.
Demand Letter: If you find defects in the lien, you may send a demand letter requesting that the liening party correct defects or release the lien.
Demand to File Suit: 770 ILCS 60/34 permits the owner to demand that the liening party file suit to foreclose its lien within 30 days or it becomes void and should be removed. The party will proably will refuse, at which point the owner must file suit to Quiet Title.
File a lawsuit: If the lien is not released, the owner may need to file suit in the appropriate circuit court to contest the lien. Under 770 ILCS 60/34, you can file a complaint to request the court to declare the lien invalid or unenforceable.
Obviously, these are broad strokes, so I recommend that the owner seek the counsel of an experienced Cosntruction Attorney. Best of luck!