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Published byAbel McCoy Modified over 9 years ago
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Welcome to our Mechanics Lien Workshop Burton A. Brown Babak Bakhtiari Maria Hernandez The Law Offices of Burton A. Brown 205 W. Wacker Dr., Suite 922 Chicago, IL 60606
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The Anatomy of a Job
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New Job How bad do you want this job?
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What do you know about the job? Who is the owner? Who is the general? Where is the money coming from? Is there a bond? Get a copy of it! Is your contract in writing? Make sure it is!
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Contract Review Special Clauses to look at: – Insurance Clause – Indemnification Clause – Venue for Dispute Resolution
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Special Home Remodeling Notice IF you are doing a home remodeling job... MAKE SURE you get a contract in writing, AND enclose the special notice to the homeowner Home Repair & Remodeling Act: 815 ILCS 513/1 et seq. – Requires written contract – MUST include consumer rights brochure – IL Sup. Ct.: Act applies to Generals only, not subs
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Documentation Keep detailed invoices Time sheets, Payroll, executed pay estimates, proof of delivery tickets: have them, keep them Document your last day of non-punchlist work Keep portions of contracts that reflect the work was required
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Dispute Resolution Mediation Arbitration Court
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Completion Dates What if delayed? – Consequences Send letter to General and/or Architect
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The Sinking Ship No Lien No Notice to Public Body No Bond Claim
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New Issues in Contract Clauses OSHA – Who is in control or in charge? Monitor other adjoining subs
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Follow the Plans and Specs Don’t Look / Don’t Tell Reliance – Implied Warranty
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When Lightning Strikes Bond Claim – 6 months Mechanics Lien Claim – 90 days for Subcontractor – 120 days for General Contract Claim – 2 years
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Special Notices Subcontractors: 60-day notice to owners of residential homes! General contractors: send Sworn Statement along with notice of lien IF owner sends demand, you must file your lien notice within 30 days!
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To Be Continued… Thank You for Joining Us. Burton A. Brown Babak Bakhtiari Maria Hernandez
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