Mechanics Lien, Construction, and Development Glossary
Construction, mechanics lien, lien waiver, draw, and development terms.
Definitions for construction contracts, mechanics liens, lien waivers, owner sworn statements, pay applications, retainage, draw requests, project administration, and construction disputes.
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A lawsuit, claim, or formal legal proceeding brought to enforce a right or remedy.
Loan funds disbursed before, at, or after closing, including construction draws and future advances.
A statement of fact claimed by a party in a pleading, complaint, notice, or demand, not yet proven unless admitted or established.
A party’s formal participation in a court case, often by filing or appearing through counsel.
A certificate or approval by an architect supporting payment, completion, or compliance with project documents.
A mortgage that a buyer may take over from a seller, usually only if the loan documents and lender permit it.
A court process that seizes or encumbers property to secure a claim before judgment or enforcement.
A federal court process for dealing with debts, creditor claims, automatic stay issues, asset sales, and discharge or reorganization.
A building level where most wall area between floor and ceiling is below ground.
Replacing a mechanics lien against property with a bond or other security.
Local or state rules governing construction, maintenance, safety, and occupancy of buildings.
A table estimating construction or reproduction costs by building type, size, and component.
A setback or line beyond which construction is restricted.
A local authorization to construct, alter, repair, demolish, or occupy a structure under applicable codes.
Short-term gap financing, often used when construction financing ends before permanent financing is in place.
A legally sufficient reason, ground, or basis for a claim, termination, hearing, or court action.
An instruction to change work before final agreement on price or time.
A written change to a public works contract modifying scope, price, time, or other terms.
Written changes to approved construction plans, scope, price, or schedule.
A lawsuit brought by one or more representatives on behalf of a larger group with similar claims.
The date work is completed for contract, lien, warranty, or limitations purposes.
A waiver effective only if stated payment is actually received or clears.
A use permitted only if stated conditions and approval procedures are satisfied.
A flaw in design, materials, or workmanship that causes or risks damage or noncompliance.
A periodic disbursement of construction-loan or project funds.
An escrow used to disburse construction funds while tracking lien waivers, inspections, and draw requirements.
A loan used to finance construction, often funded in draws as work progresses.
A clause shortening the time to bring claims, enforceable only if permitted by law.
A person or company contracting to perform work or supply labor, services, or materials for a construction project.
Insurance a tenant must require from contractors performing work in the premises.
An affidavit about work, amounts due, subcontractors, waivers, or completion.
A lender or servicer advance for foreclosure costs, inspections, preservation, attorney fees, or other recoverable expenses.
A permit issued by a county for construction, alteration, occupancy, or related work, often in unincorporated areas.
A court order or judgment, often used for equitable relief, foreclosure, probate, divorce, or title matters.
A permit authorizing removal of a structure or portion of a structure.
An older pleading that challenged whether the opponent’s allegations stated a legally sufficient claim.
A person who gives testimony under oath in a deposition or sworn statement.
A request for payment based on completed construction work or project costs.
A permit approving a driveway connection to a public street, highway, or right-of-way.
A court action to recover possession of real property from someone wrongfully occupying it.
A lien recognized by equity rather than solely by statute or recorded instrument, often to prevent unfairness.
Measures required to prevent soil loss, sediment runoff, and construction-site impacts.
Post-judgment procedures used to enforce a judgment, such as levy, sale, garnishment, or turnover.
A report documenting site conditions, work progress, or observed issues.
A final court order resolving the issues before the court, subject to any appeal rights.
A lien waiver given on final payment for all work or materials covered.
A lien waiver given upon final payment, usually releasing lien rights for all work covered.
A lien securing repayment of debt or another financing obligation, such as a mortgage, deed of trust, or UCC lien.
A local or state approval required for development in a floodplain or flood hazard area.
The total area of floors within the finished portion of a building, measured under the applicable standard.
A timing rule for recording certain mechanics lien claims to affect third parties.
A project-management chart showing tasks over time with start dates, durations, and completion dates.
A legal process allowing a creditor to collect from money or property held by a third party for the debtor.
The finished ground level at or around a building, measured under the applicable code or plan standard.
Buildings designed or operated with energy, environmental, health, or resource-efficiency practices.
The total horizontal floor area of a building measured under the applicable ordinance, lease, or appraisal standard.
The area within exterior walls at grade level, measured under the applicable code, appraisal, or zoning standard.
Public financing or assistance for housing acquisition, construction, rehabilitation, or affordability programs.
Work that adds to, alters, repairs, or benefits real property.
Project costs not directly tied to physical work on site, such as permits, fees, financing, and overhead.
Adding multiple parties to one case when rules permit or require it.
A lien with lower priority than another lien on the same property.
A court or governmental body’s legal power to decide a matter or act over a person, property, or subject.
Hidden or not readily discoverable by ordinary inspection.
A defect not reasonably discoverable at ordinary inspection.
A person permitted to occupy or use property under a license rather than a lease.
A bond posted to substitute security for a mechanics lien or discharge property from the lien.
A person or entity asserting a lien for labor, materials, services, or improvements.
A lawsuit to enforce a mechanics lien against real property.
A dispute over the order in which liens are paid from property or sale proceeds.
A document by which a contractor, subcontractor, or supplier waives lien rights to the extent paid or promised.
Work or materials that can support a mechanics lien.
A local or state license permitting sale or service of alcoholic liquor subject to licensing conditions.
A recorded notice that litigation is pending concerning title to or an interest in real property.
The use of municipal, county, township, or district powers to enforce local laws, codes, licenses, taxes, or permits.
An equitable doctrine requiring a creditor with access to multiple funds or assets to avoid unfairly harming another creditor when possible.
A lien claimed by contractors, subcontractors, or suppliers for unpaid labor or materials improving property.
A statutory lien securing payment for qualifying labor, services, materials, or improvements to real property.
A recorded or filed claim by a contractor, subcontractor, or supplier for unpaid improvement work.
A corporate transaction that may be treated as an assignment unless carved out as a permitted transfer.
A notice commonly associated with subcontractor mechanics lien rights in Illinois.
An affidavit stating that no unpaid work or claims exist that could support a mechanics lien.
A notice warning that a mechanics lien may be filed if payment is not made.
Notice required or used to preserve or enforce mechanics lien rights.
A written notice identifying an alleged violation of an ordinance, code, permit, or statutory requirement.
Authorization to begin work under a construction contract.
A local authorization to occupy or use a building or space.
A contractor contracting directly with the owner.
A local permit authorizing dining or seating on sidewalks, patios, public ways, or other regulated areas.
A sworn statement listing contractors, subcontractors, suppliers, amounts due, and payments.
A wall or extension rising above a roof edge.
A lien waiver limited to a progress payment or stated amount.
A lien waiver releasing lien rights only to the extent of a stated partial payment or period.
A court action to divide jointly owned property or force sale and allocation of proceeds.
A defect visible or reasonably discoverable by inspection.
A contractor’s application for payment under a construction contract.
Allowed periods when a tenant may close despite an operating covenant.
Title exceptions a buyer or lender accepts, such as easements, restrictions, taxes, and recorded matters.
An assignment, sublease, merger, affiliate transfer, or sale transaction allowed without ordinary landlord consent if conditions are met.
The use the tenant may make of the premises.
Formal court documents stating claims, defenses, admissions, denials, and requested relief.
Placing a notice on the premises when permitted by statute or court rule.
The order in which competing rights, liens, claims, or interests are paid or enforced.
A local public district providing health services, inspections, disease control, or other public health functions.
A contract for construction, repair, improvement, or public infrastructure work for a public body.
Illinois statute addressing change orders in public works contracts.
A list of remaining corrections or incomplete items near the end of construction.
A neutral person appointed by a court to preserve, manage, or operate property during litigation or enforcement.
To improve a building by changing layout, function, finishes, or features.
Illinois statute preempting local rent control unless state law permits it.
A formal question seeking clarification of plans, specifications, or field conditions.
A recorded or contractual restriction limiting property use, construction, occupancy, or operations.
A portion of the contract price withheld until completion or satisfaction of conditions.
Abbreviation for request for information.
Landlord’s right to enter premises for inspection, repair, showing, emergencies, or compliance checks.
A local permit allowing work, installation, closure, or occupation within a public right-of-way.
The top edge of a roof or parapet, excluding minor projections unless a code says otherwise.
A breakdown allocating contract price among categories of work.
Notice by published legal advertisement when a foreclosure defendant cannot be served by other permitted methods.
Delivery of a termination or demand notice using a method permitted by law.
A drawing prepared by a contractor, subcontractor, or fabricator showing fabrication or installation details.
A permit authorizing work, use, obstruction, or occupation of a sidewalk area.
Rules controlling tenant signage size, location, design, materials, permits, lighting, and maintenance.
A permit authorizing installation, alteration, or replacement of a sign under local sign regulations.
Improvements to land before or with construction, such as grading, utilities, roads, curbs, and drainage.
A visit to observe construction status or conditions.
A notice directing suspension of construction work.
An order directing construction, demolition, or other work to stop until violations or permit issues are resolved.
Materials purchased for the project but not yet installed.
A local approval addressing drainage, detention, erosion control, runoff, and water-quality requirements.
A permit authorizing excavation or work in a public street or right-of-way.
Something constructed or erected with a permanent location on or attachment to land.
A party hired by a contractor to perform part of the construction work.
A lien claim by a subcontractor or supplier not contracting directly with the owner.
A contractor submission of product data, shop drawings, samples, or information for review.
The stage when work is sufficiently complete for intended use, subject to punch list items.
Replacing a judge without proving cause when the request is timely and permitted.
A court-issued notice requiring a defendant or respondent to appear or respond in a case.
A lien claim based on unpaid materials supplied for an improvement.
A surface material or treatment for parking or paved areas, such as tar and gravel.
Value contributed through labor or improvements rather than cash.
Construction, alterations, or improvements performed by tenant or tenant’s contractors.
Ending a tenancy without alleging default, when permitted by the tenancy and law.
An inspection for termites or other wood-destroying insects and related damage.
A local approval required before removing protected, parkway, landmark, or certain private trees.
A timing rule for filing suit to enforce a mechanics lien.
A waiver effective without a payment condition.
A local approval confirming permitted use and occupancy of property or space.
The proper county, district, or court location for a case or proceeding.
A lien created by the owner’s agreement, such as a mortgage or deed of trust.
A final inspection shortly before closing to confirm condition, repairs, and possession issues.
A right to use or receive water, controlled by state law, deed rights, permits, or local rules.
Local or state rules governing siting, setbacks, permitting, decommissioning, and operation of wind-energy facilities.
An exhibit describing landlord work, tenant work, allowance, plans, deadlines, approvals, and construction responsibilities.
A standard requiring work to be performed with ordinary skill, care, and quality for the trade.
A report summarizing zoning classification, permitted use, parking, setbacks, nonconformities, and sometimes rebuild rights.