Subcontractors’ Rights to Recover Payment
There are laws in place to protect subcontractors and ensure they receive the payment they earned through contracts with general contractors.
The most common solution is to place a mechanics lien against the general contractor.
2. Mechanics Lien
Subcontractors have the right to place a mechanic’s lien against the general contractor. This applies to work on both private and public property. Liens are legal tools used by unpaid parties to recover debt owed by attaching a security interest to the debtor’s property. In this case, the mechanics lien would attach to the contractor’s earnings thus requiring payment to the subcontractor.
The Illinois Mechanics Lien Act grants subcontractors this right under the “Private Lien Act” and the “Public Lien Act.” In Illinois, the Mechanics Lien Act treats sub-subcontractors the same as subcontractors- there is no tier limitation. There are also no special licensing requirements for a filing a mechanics lien, though some design professionals may have heightened requirements.
To place a lien, a subcontractor must follow a strict set of guidelines. It is vital that you work with an experienced construction litigation attorney. They can manage the case and help you get what you deserve.