Legal Question in Real Estate Law in Illinois
Window Contractor threatens lien
I hired a nationally known company to replace the windows in my condo. They have completed all except one window that they are having difficulty with, because another building fixture is in the way. They were aware of the intrusive fixture when they signed the contract.
They are insisting that I pay all or part of the contract, even though payment is not due until completion. They are threatening to issue a contractors lien if I do not pay. They have told me I must meet their deadline of one month to hire a different contractor and have the fixture moved. I cannot afford or meet this deadline.
Can they file a contractors lien when they have not completed the contract? Can they force me to pay when they have not completed the contract? Can they force me to meet their deadline for moving the problem fixture, when they signed the contract knowing it was there? If I make a partial payment, am I giving up my ability to force them to finish the contract?
3 Answers from Attorneys
Re: Window Contractor threatens lien
They can issue a lien. However, unless they file to foreclose within the statute of limitations the lien will only be effective if your lender has an issue or if you try to sell or refinance before the statute of limitations expires if no suit is filed. You can of course require that he file suit within 30 days after the lien is filed and if he fails to do so, the lien is forfeited. If he does file suit, you can assert your defenses in that suit.
Ultimately, you will have to pay for the work he had done less whatever it extra costs you incur to have someone else complete the job.
Re: Window Contractor threatens lien
If they file a lien they must sue you to collect on the lien.
If the contract says no money is due until completion, then it is not due until completion.
Since you do not have enough money to remove the fixture, sounds like yo can't afford to litigate. As a practical matter you may want to negotiate with them.
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Re: Window Contractor threatens lien
A contractor can always file a lien. Prevailing upon the foreclosure of such lien can't be forecasted. BUT, you may have consumer defenses other than and in addition to the wording of the contract itself. You really need to speak to an attorney as soon as possible. Good Luck!
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