In the current housing market, people are choosing to remodel existing homes rather than purchasing homes or "buying up" to a more expensive one. Any time you have contractors and subcontractors performing work on your home, there is a danger of mechanics' liens being imposed on the title to your home due to subcontractors not getting paid.
Be careful to ensure that anyone doing work on your home is indeed being paid by the general contractor. When workers arrive, know who they are, and ask to ensure they are being paid.
Better yet, hire an attorney before the remodeling process to help you ensure you do not end up with liens in addition to your new kitchen or bathroom. Once the job is complete, there are dangers including bankruptcy of the general contractor. If the subcontractors are not paid, you could be on the hook, though you have already paid all sums due to the contractor.
There are defenses you may not be aware of. For example, contractors and subcontractors must comply with legal requirements for imposing a lien, including notice to you and timely filing. Our attorneys may be able to have a lien removed if the requirements are not fulfilled.
Get a sworn statement from the general contractor as to the amounts that will be due and paid to subcontractors. With our help you can get the contractor to waive liens as payments are made.
You would hire an attorney when you buy or sell property. It makes sense to get legal support during your major remodeling projects as well.
Talk to a real estate attorney at Sacks Goreczny Maslanka & Costello, P.C., about lien removal, or Illinois construction law.
For over 25 years, we have provided professional, personalized legal representation. Call 312-957-8085 or contact us online to schedule an appointment with one of our experienced lawyers. We will listen to your concerns and explain your legal options.
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