Waiving Lien Rights in Illinois is Hard to Do
On July 20, 2009
By Scott Wolfe Jr
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On the Construction Lien Blog, we’ve written about lien waivers in the past. In some states, lien rights can be waived before the start of a project (like in Virginia). In others, law and public policy prevent such waivers (like in Louisiana).
A new law blog on Mechanic Lien Law in Illinois just posted on this subject as the law applies to its state. The bottom-line: it’s tough for lien waivers to pass legal muster in Illinois.
Here’s a quote from the post:
Under Illinois law, courts regularly will not enforce a lien waiver because it is contrary to public policy and the Illinois Mechanics Lien Act. The Mechanics Lien Act provides that no contract for construction services shall include a lien waiver provision. The law’s intention is to protect contractors and sub-contractors who perform work on a property and are not paid for their labor and materials.
So contractors and suppliers in Illinois may not be restricted by “no lien” clauses in their contracts. If you’re ready to file a lien in that state, Zlien can help.
Related posts:
- Illinois Contemplating Amendment to Mechanics Lien Statute
- I Didn’t Just Waive My Lien Rights, Did I?: Assessing State Laws
- Illinois Mechanic’s Liens: Chicken And Waffles Case Ensures Protection to Subcontractors
- Virginia Contractors CAN Waive Lien Rights
- “No Liens” Clauses – Are They Valid?
About the Author: Scott Wolfe Jr
Scott is the founder of Zlien, a nationwide mechanics lien and preliminary notice filing service. Zlien publishes the Construction Lien Blog, and has done so since 2007. Scott has been a leading contributor and author on the blog since it's initial publication. Scott is also the founder of Wolfe Law Group, a construction law firm that practices along the West Coast and in Louisiana. He lives in New Orleans, LA, where he was born and raised.
