C
Can'tWeGetAlong
Guest
What is the name of your state? illinois
background: we received a letter from a sub’s attorney with a copy of a recorded lien enclosed. The sub failed to provide the upfront notice required within 60 days of commecing work on our house and then also recorded the lien without first providing us with notice of his claim (which was required within 90 days of finishing the work). Before he filed his lien the il lien act states he first should have provided notice and then waited 10 days b4 filing the lien.
i understand il courts strictly enforce that both notices be provided and that all time periods be adhered to. is this true – can this lien be defeated because of the sub’s failure to provide proper notices?
also, although requested, the general never provided a sworn statement nor many waivers from the subs. we stupidly paid anyway. however, now that we have been liened (and its down to the last payment), we are insisting on the sworn statement and the final lien waivers from the other subs. the general refuses to provide them and instead is threatening to lien us.
if he does so without providing the sworn statement and sub lien waivers, can we defeat his lien claim? if not, why? because we made other payments without the sworn statement are we now barred from insisting on it? we lived, we learned.
background: we received a letter from a sub’s attorney with a copy of a recorded lien enclosed. The sub failed to provide the upfront notice required within 60 days of commecing work on our house and then also recorded the lien without first providing us with notice of his claim (which was required within 90 days of finishing the work). Before he filed his lien the il lien act states he first should have provided notice and then waited 10 days b4 filing the lien.
i understand il courts strictly enforce that both notices be provided and that all time periods be adhered to. is this true – can this lien be defeated because of the sub’s failure to provide proper notices?
also, although requested, the general never provided a sworn statement nor many waivers from the subs. we stupidly paid anyway. however, now that we have been liened (and its down to the last payment), we are insisting on the sworn statement and the final lien waivers from the other subs. the general refuses to provide them and instead is threatening to lien us.
if he does so without providing the sworn statement and sub lien waivers, can we defeat his lien claim? if not, why? because we made other payments without the sworn statement are we now barred from insisting on it? we lived, we learned.