Appendix B Check List: Making a Lien Against Private Property Enforceable
Library | Turner on Illinois Mechanics Liens (2016 Ed.) |
A. Gathering Information
1. Obtaining the latest legal description of the real estate
a. in Cook County2. Obtaining the names and addresses of:
b. in other counties
a. the owner of record3. Obtain evidence of the last day of work from the client. Preferably this should be evidence of delivery, job logs, or time records. Personal diaries of workers will also serve.
b. the mortgagees
c. the architect
d. the construction manager
e. the superintendent
4. Condominiums: Calculate the allocation of the value of the work among the units. In most cases, this is not as hard as it may seem. Most buildings will have a few different layouts of apartments. In preparing its bid, the client most likely calculated the amount of work and material for each different layout. The costs of the common areas can be allocated by the percentage interests of the owners in the common elements.
B. Preparing and Serving a Notice of Claim under Section 24 of the Act
1. Relying on the Statutory...
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- Turner on Illinois Mechanics Liens
- Front Matter
- Acknowledgements
- Table of Contents
- Introduction
- Chapter I What Are the Elements of a Mechanics Lien? 770 Ilcs 60/1(a) and (b) Explained
- Chapter II Practical Considerations
- Chapter III Making a Lien Against Private Property Enforceable
- Chapter IV Filing Suit, Pleadings, Remedies, and Related Matters
- Chapter V Burden of Proof, Proof, Certain Defenses, and Damages
- Chapter VI Public Policy Issues
- Chapter VII Statutes of Limitation and Related Matters
- Chapter VIII Payouts, Waivers, Sworn Statements, Statutory and Constructive Trusts, and Wrongful Payments
- Chapter IX Liens on Public Funds and Claims Against Statutory Bonds
- Chapter X Bankruptcy and Mechanics Liens
- Appendix A Check List: Practical Considerations
- Appendix B Check List: Making a Lien Against Private Property Enforceable
- Appendix C Check List: Filing Suit, and Amendments to Pleadings
- Appendix D Check List: Proving a Mechanics Lien Claim
- Appendix E Check List: Liens on Public Funds and Claims Against Payment Bonds
- Appendix F Check List: Defendants
- Appendix G Check List: Owners and Lenders on Payouts
- Index
- About the Authors
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