Legal Question in Real Estate Law in Illinois

sub contractor lien on my property

I hired a repair/remodeling company in 2005 to replace my roof, new fence, gutters with soffets, aluminum siding and new back stairs. After completion I paid the company $13,000. I then had the roofing company come to my house several weeks after completion and they stated the company did not pay them. I told them I paid the remodeling co. and to contact them. I then received a letter from one of the subcontractors that they had not been paid either and that if they weren't paid I had to pay them. I contacted the remodeling co who I had the contract with and they told me not to worry that their attorneys were handling it. I never heard anything else except that the remodeling co had closed and now has reopened under a new name. I tried to get a remortgage and was told the subcontracting company has put a lien on my property for 4990.00 because they were never paid by the company which has repopened under a new name. I had to pay the subcontractor 4990.00 in order to get the lien removed so I could get a mortgage. Did the subcontractor have a legal right to put this lien on my property? And what about the company that has reopened under a new name. I have paid for this twice. What can I do to get my 4990.00 back?


Asked on 4/03/07, 1:44 pm

3 Answers from Attorneys
Joseph Michelotti Michelotti & Associates, Ltd.

Re: sub contractor lien on my property

depends.

This is usually called closing the barn door after the horses have run away.

The sub had no right to file the lien, and the lien was only good for two years.

You could sue the contractor, but if he started business under a new name, chances are the old corporation owes you money, not the new one.

You could file a complaint with the attorney general's consumer affaitrs office, but they may or may not help you

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Answered on 4/03/07, 1:57 pm
Mary McDonagh McDonagh-Faherty Law Offices

Re: sub contractor lien on my property

The sub-contractor does have a right to file a lien. As the homeowner, you are obligated to see final lien waivers from all subcontractors before you sign off on the main contractor. The lien is good for two years, however, there is a right to renew. You will have to sue the old company through the directors and prove your case.

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Answered on 4/03/07, 6:35 pm

Re: sub contractor lien on my property

The time frame is unclear and you did not state when you received notice of the lien in relation to the last date that work was perfiormed. If not , the lien was probably defective and you should have hired an attorney at that time.

You need to contact an attorney to investigate the new company and to determine whether it is only an alter ego, or is in deed a new seaparate company. If only an alter ego, you may be o.k.

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Answered on 4/03/07, 11:45 pm


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