Ask A Lawyer: How does a homeowner protect against a mechanic's lien?

Illinois Attorney David Arena tells how to protect yourself against a mechanic's lien using your contractor's sworn statement.
The mechanic’s lien act provides a powerful tool for contractors and While the mechanic lien act provides a powerful tool for contractors and subcontractors and materials suppliers get paid. It also provides protection for the home however the homeowner has to exercise his or her rights in order to benefit from those protections. When the contractor or general contractor performs work on your property he is required to provide to you and you are required to ask for it from the general contractor before making payment, the contractor sworn statement. A contractor sworn statement is going identify to the homeowner who is doing work on the property, the amount of their contracts, the amount being requested in this particular pay application and the balance due on contract. The homeowner is also entitled to receive a partial waiver of lean for each interim payout and a final waiver of lean at the conclusion of the project from the subcontractors and materials suppliers. Those are provided by the general contractor at the time the general contractor submits his pay application. When an owner receives the contractor sworn statement identifying who’s doing work on the property and the owner receives partial waivers of lien for each payout that’s being made that homeowner is protected in that the homeowner doesn’t have to pay twice. If the homeowner pays the general contractor without receiving these documents and the general contractor goes out of business or skips town and the subcontractors don’t get paid the subcontractors lien the owners property. If the owner has the sworn statements and waivers of lien for homework and rely on those documents and would not have to can defeat the lien claim. Absent that subcontractors can prevail and force the owner to pay twice.