Mechanics liens

Illinois mechanics lien law and deadlines

Under the Illinois Mechanics Lien Act, subcontractors must notify the owner within 90 days after completing their work, contractors should record a claim within 4 months of completion to hold up against lenders and buyers, and suit is due within 2 years of completion.

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Illinois gives a wide range of people mechanics lien rights, and it also sets plenty of traps. The Mechanics Lien Act (770 ILCS 60) runs on several clocks at once: a 90 day notice for subcontractors, a 4 month recording rule that decides whether your lien beats a lender or buyer, a 60 day notice for subs on owner-occupied homes, and a 2 year limit to sue. Miss the wrong one and you may still have a lien against the owner but lose priority to everyone else.

Illinois mechanics lien deadlines at a glance (private projects)
StepWhoDeadlineStatute
Notice to owner, owner-occupied single-family homeSubcontractorsWithin 60 days of first furnishing (late notice protects only to the extent the owner was not prejudiced)770 ILCS 60/21(c)
Notice to owner (all projects)Subcontractors and suppliersWithin 90 days after completing their work770 ILCS 60/24
Record claim to bind lenders and purchasersContractorsWithin 4 months after completion770 ILCS 60/7(a)
Record claim as to the ownerContractorsWithin 2 years after completion of the contract770 ILCS 60/7(a)
Notice after recording, owner-occupied single-family homeContractorsWithin 10 days after recording770 ILCS 60/7(d)
File suit to enforceContractorsWithin 2 years after completion770 ILCS 60/9
Suit after owner's written demandAny lien claimantWithin 30 days or the lien is forfeited770 ILCS 60/34

Who has lien rights in Illinois

Section 1 gives a lien to a contractor who contracts with the owner, or with someone the owner authorized or knowingly permitted to contract, to improve the land. The lien secures the amount due plus interest at 10 percent a year. The definition of improve is wide. It expressly covers architects, structural engineers, professional engineers, land surveyors, registered interior designers, property managers, and landscape work. Subcontractors and suppliers to the contractor get their own lien under section 21.

Notices: the Illinois version of preliminary notice

Illinois does not call it a preliminary notice, but subs have two notice duties that work the same way.

  • 90 day notice (section 24). A sub or supplier sends the owner written notice within 90 days after completing its work, or after the last delivery of extra work. Send it by certified or registered mail with return receipt, by a national delivery company with tracking, or by personal service. The statute gives a sample form. The notice is not needed if the contractor's sworn statement already told the owner the amount owed to you, but you are then protected only up to the amount listed there.
  • 60 day notice on owner-occupied single-family homes (section 21(c)). On an existing owner-occupied single-family residence, a sub must notify the occupant within 60 days of first furnishing, personally or by certified mail. The notice names the sub, the start date, the work, and the contractor, and carries a bold warning telling the owner to get a lien waiver from each sub before paying the contractor.

Owners, for their part, are entitled under section 5 to a sworn contractor's statement listing every party furnishing labor or materials and the amounts due, before any payment goes out. That statement is where subs who skip their notice often get burned.

Recording the claim and the 4 month rule

Claims are recorded with the recorder of the county where the improvement sits, verified by affidavit, with a short statement of the contract, the balance due after credits, and a usable legal description. Section 7 says a contractor's lien cannot be enforced against other creditors, encumbrancers, or purchasers unless the contractor either sues or records the claim within 4 months after completion. As against the owner alone, the claim can be recorded up to 2 years after completion. Treat 4 months as the real deadline. On an owner-occupied single-family home, the contractor must also send the owner written notice within 10 days after recording the lien.

Enforcement and the 30 day demand

Section 9 requires suit to be filed in the circuit court of the county where the property is located within 2 years after completion. Any owner, lienor, or interested party can shorten that sharply: under section 34 they can serve a written demand, and the claimant then has 30 days to sue or answer in a pending suit. Ignore the letter and the lien is gone.

Lien waivers in Illinois

The Act does not prescribe a mandatory waiver form in the sections reviewed for this page. Waivers on Illinois jobs usually follow title company or lender formats and travel with the sworn statement on every draw. Two cautions: a lien waiver signed before payment can give away rights for money you never get, and a waiver of Mechanics Lien Act rights does not waive your public bond claim unless it says so expressly. Pair a conditional lien waiver with each pay app and track them by draw.

Public projects: the Public Construction Bond Act

You cannot foreclose on public property. Illinois covers public work with the Public Construction Bond Act (30 ILCS 550), its state version of the Miller Act. As of the text reviewed, a payment bond is required on state and local public work costing over $150,000, and over $500,000 for IDOT and the Tollway, with the threshold for state and political subdivision contracts set to drop to $50,000 on January 1, 2029. A claimant files a verified notice with the awarding body (or the local clerk or secretary) within 180 days after its last work or materials, sends the contractor a copy within 10 days, and sues within 1 year after last furnishing. For the rest of the public job rules, see Illinois prevailing wage and Illinois prompt payment. Licensing is covered in the Illinois contractor license guide.

With four separate clocks per job, a spreadsheet falls behind fast. Smart Business Automator keeps first-furnished and last-furnished dates, sworn statement amounts, and waivers next to each invoice in construction accounts receivable automation.

Frequently asked questions

What is the Illinois mechanics lien deadline?

A contractor should record within 4 months after completion to keep priority over lenders and purchasers. As against the owner, the claim can be recorded up to 2 years after completion. Subcontractors must also give the owner notice within 90 days after completing their work.

Does Illinois require a preliminary notice?

Not by that name, but subcontractors must notify the owner within 90 days after completion, and on existing owner-occupied single-family homes they must notify the occupant within 60 days of first furnishing.

How long do I have to foreclose an Illinois mechanics lien?

Suit must be filed within 2 years after completion. If an owner or other interested party serves a written demand, the claimant has 30 days to sue or the lien is forfeited.

Can architects and engineers lien in Illinois?

Yes. The Act expressly includes architects, structural engineers, professional engineers, land surveyors, registered interior designers, and property managers.

Can I put a lien on a public project in Illinois?

No. Public work is covered by payment bonds under the Public Construction Bond Act. Notice of claim is due within 180 days of last furnishing and suit within 1 year.

Sources

  1. 770 ILCS 60/1, who has a lien (FindLaw statute text, current as of January 1, 2025)
  2. 770 ILCS 60/5, contractor's sworn statement (FindLaw statute text)
  3. 770 ILCS 60/7, recording the claim (FindLaw statute text)
  4. 770 ILCS 60/9, suit to enforce (FindLaw statute text)
  5. 770 ILCS 60/21, subcontractor liens and residential notice (FindLaw statute text)
  6. 770 ILCS 60/24, subcontractor notice to owner (FindLaw statute text)
  7. 770 ILCS 60/34, demand to sue (FindLaw statute text)
  8. 30 ILCS 550/1, Public Construction Bond Act thresholds (FindLaw statute text)
  9. 30 ILCS 550/2, bond claim notice and suit deadlines (FindLaw statute text)

Laws and rates change. Confirm current requirements with the state agency before you bid, file, or pay. This page is general information, not legal advice.

Written and edited by

Maurice Francois writes and edits construction operations guides for Smart Business Automator. More from Maurice on the Scaling Legends podcast.

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