Legal Question in Real Estate Law in Illinois
I recently finished having a home built and was my own form of GC although (I had a project manger who was knowledgable in the hiome building industry). My concrete guy was getting payouts along the way and near the end when I exchanged a payout for a material waiver all seemed good. Then I got notice of a Mechical Lien against my property from the Concrete Yard because he did not use the money I gave him to pay the concrete materials for the job? Assuming he must have used my money for another job? He issued the concrete yard a rubber check I assume? So the Lien waiver they issued him that he forwarded to me is NOT valid ???? Wouldn't the Lien Waiver I have be vaild????? Shouldn't they go after him.......? Isn't it THEIR fault they issued a material waiver before knowing the funds were good from my contractors check ? I get various answers on this? Many people tell me that my waiver is good and the concrete yard is just trying to bully me as they know they were taken to the bank? If so, how do they have the right to lien my property? HELP !!!!!
2 Answers from Attorneys
A valid waiver would be a defense against a collection suit.
You could wait and see whether they foreclose. A lien must be foreclosed within 2 years.
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