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TJ, Esq.
TJ, Esq., Attorney
Category: Legal
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Experience:  JD, MBA
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Can a contractor put alien on my property if he hasn't

Customer Question

Can a contractor put alien on my property if he hasn't finished the work?
Submitted: 1 year ago.
Category: Legal
Expert:  TJ, Esq. replied 1 year ago.

Hello and thank you for the opportunity to assist you. My name is ***** ***** I will do my very best to answer your legal questions.

The Illinois law in question states in part:

770 ILCS 60/1(a)

Any person who shall by any contract or contracts [...] with the owner of a lot or tract of land [...] improve the lot or tract of land or for the purpose of improving the tract of land [...] has a lien upon the whole of such lot or tract of land [...].

In other words, the contractor automatically has a lien on your property once he improves the property. Accordingly, even if the work isn't finished, he has a lien if the property was improved. On the other hand, if the work is so unfinished such that there is no improvement, then the contractor would not yet have a lien.

However, assuming he has a lien because the property was improved, then he would still need to perfect the lien by filing a notice in the office of the recorder of the county. This notice must be filed and enforced within 4 months of completion of the work, or the lien expires automatically.

Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied.

Customer: replied 1 year ago.
I want to see copies of returned checks for a counter top and bath tub door before I let him in to complete his work. He says he doesn't have to give those to me because I have a contract with him not his vendors. I believe he has over charged me for those items. Do I have any legal rights as the person who is paying or is he the only one who has any rights.
Expert:  TJ, Esq. replied 1 year ago.

Hi again.

The answer depends on the specific facts in your case, such as what the contract states. For example, if you have a contract that states that you will pay $1000.00 for him to install a new door that he will supply, then it doesn't matter whether that new door cost him $900.00 or just $9.00. On the other hand, if your contract is merely for labor, then the answer may be different. For example, if your contract states that you will pay $1000.00 for the labor of installing a new door, and then he says that he can get you a new door and you will only be charged the actual cost, then he must only charge you the actual cost. If he charges more, then he would be in the wrong.

I hope that makes sense.

Expert:  TJ, Esq. replied 1 year ago.

Hello again. I didn't hear back from you, so I'm just checking in to make sure that you don't need more help on this issue. If not, then please remember to provide a positive rating to close out this question (and please remember that your positive rating is the only way that I'll get credit for helping you, so I greatly appreciate it). Thank you!