Emalfarb Law LLC - Illinois Mechanic Lien Attorneys
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Do You Have to Wait 10 Days After a 90-Day Notice to File an Illinois Mechanic Lien?Common Defects That Void an Illinois Mechanic LienIllinois Mechanic Lien 2-Year Foreclosure Deadline (770 ILCS 60/9)Do You Have to Wait 10 Days After a 90-Day Notice to File an Illinois Mechanic Lien?Common Defects That Void an Illinois Mechanic LienIllinois Mechanic Lien 2-Year Foreclosure Deadline (770 ILCS 60/9)

Emalfarb Law LLC, Practicing Since 1977

Construction Payment Dispute Attorney, Illinois

When you've done the work and aren't getting paid, you need an attorney who knows how to use every legal tool available under Illinois law to recover your money.

(847) 432-6900

Last updated: April 2026

Resolving Illinois Construction Payment Disputes

Construction payment disputes are among the most common, and most damaging, problems facing Illinois contractors, subcontractors, and material suppliers. Whether you are a general contractor who completed a project and the owner won't pay, a subcontractor caught between a non-paying GC and a property owner, or a supplier owed for materials that were delivered months ago, the financial pressure compounds quickly. Payroll, material costs, and overhead don't stop because someone upstream in the payment chain decided not to pay.

Emalfarb Law LLC focuses on one thing: getting Illinois construction professionals paid. Our attorneys have been handling construction payment disputes since 1977, and we use the full range of legal tools available under Illinois law, mechanic liens, payment bond claims, demand letters, breach of contract claims, and lien foreclosure litigation, to recover what you've earned.

Free Initial Consultation

Call (847) 432-6900 to discuss your construction payment dispute. We respond within 1 business day.

Types of Construction Payment Disputes We Handle

Every construction payment dispute is different, but most fall into a few common categories. The legal remedy depends on your role in the project, whether the project is public or private, and how much time has passed since your last work or delivery.

Non-Payment by Property Owner

The project is complete but the owner refuses to pay, disputes the amount owed, or claims construction defects to avoid payment.

Primary remedy: Mechanic lien filing and enforcement

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GC Not Paying Subcontractors

You performed work as a subcontractor and the general contractor is withholding payment, even though the owner has paid the GC.

Primary remedy: Section 24 notice + mechanic lien

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Supplier Not Paid for Materials

You delivered materials to a construction site and the contractor or owner has not paid for them.

Primary remedy: Mechanic lien or demand letter

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Public Project Payment Dispute

You worked on a government project (school, road, municipal building) and haven't been paid. You cannot file a mechanic lien on public property.

Primary remedy: Payment bond claim or lien on funds

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Retainage Disputes

The owner or GC is holding retainage beyond what is contractually or statutorily permitted and refuses to release it after project completion.

Primary remedy: Demand letter + litigation

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Change Order Disputes

You performed additional or changed work, but the owner or GC disputes the change order amount or claims the work was unauthorized.

Primary remedy: Contract claim + lien preservation

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Legal Remedies for Construction Payment Disputes in Illinois

Illinois provides several statutory and common-law remedies for unpaid construction work. The strongest remedy available to you depends on the project type, your role, and whether statutory deadlines have been met.

Mechanic Liens (770 ILCS 60)

A mechanic lien is the most powerful payment remedy for private construction projects. It places an encumbrance on the real property where work was performed, giving you a secured interest that survives even if the property is sold. If the owner refuses to pay, you can foreclose on the lien, forcing a judicial sale of the property to satisfy your claim.

However, mechanic lien rights must be preserved through strict compliance with statutory notice and recording deadlines. Our attorneys handle every step of the process, from the initial Section 24 notice through foreclosure litigation.

Payment Bond Claims (30 ILCS 550)

On public projects, mechanic liens are not available. Instead, the Illinois Public Construction Bond Act requires that prime contractors post a payment bond. If you performed work on a public project and weren't paid, you can file a claim against the bond. Bond claims have their own notice and timing requirements that differ from mechanic liens. Learn about payment bond claims.

Demand Letters and Contract Claims

Even when a mechanic lien or bond claim is not available, because deadlines were missed, the project doesn't qualify, or the dispute is purely contractual, we pursue recovery through formal demand letters, breach of contract claims, and unjust enrichment actions. A well-drafted construction demand letter often produces results without the need for litigation.

Lien Foreclosure Litigation

When negotiation and demand letters fail, we file suit to foreclose on your mechanic lien. This is the enforcement mechanism that gives mechanic liens their power, the court can order the property sold to satisfy your claim. We handle foreclosure litigation in Cook, Lake, DuPage, Will, McHenry, and Kane County courts.

Have a construction payment dispute?

Tell us what happened and when you last performed work. We will evaluate your options and recommend the strongest available remedy, at no cost.

All inquiries answered within 1 business day.

Why Acting Quickly Matters

In construction payment disputes, time is your enemy. Illinois mechanic lien law imposes strict, non-extendable deadlines that begin running from your last date of furnishing labor or materials:

60 Days

Residential notice requirement for subcontractors on owner-occupied homes

90 Days

Section 24 notice to owner for subcontractors and suppliers

4 Months

Deadline to record your mechanic lien claim with the county recorder

2 Years

Deadline to file a foreclosure suit to enforce the recorded lien

Missing any of these deadlines permanently eliminates that remedy. Use our deadline calculator to check your specific dates, or call us for a free deadline review.

Who We Represent in Construction Payment Disputes

We represent every participant in the Illinois construction payment chain:

  • General contractors owed by property owners or developers
  • Subcontractors unpaid by general contractors
  • Material suppliers with outstanding receivables for delivered goods
  • Equipment lessors owed for rented machinery used on construction projects
  • Design professionals (architects and engineers) unpaid for services
  • Property owners defending against improper or inflated lien claims

Construction Payment Dispute FAQs

A construction payment dispute arises when a contractor, subcontractor, or supplier is not paid, in full or in part, for labor, materials, or services provided on a construction project. Common scenarios include owners who refuse to pay after completion, general contractors who withhold retainage or dispute change orders, and project owners who pay the GC but the GC fails to pay downstream subcontractors and suppliers.

Illinois law provides several remedies depending on your role and the project type. On private projects, you may file a mechanic lien under 770 ILCS 60. On public projects, you can pursue a payment bond claim under 30 ILCS 550 or a lien on public funds. Regardless of project type, you may also send a demand letter, file a breach of contract claim, or pursue unjust enrichment. The right strategy depends on your specific facts and deadlines.

Immediately. Mechanic lien deadlines in Illinois are strict and non-extendable. Subcontractors must serve a Section 24 notice within 90 days of last furnishing, and all claimants must record their lien within 4 months. Missing any deadline permanently forfeits your lien rights, regardless of how much you are owed. Even if a lien is not available, early action strengthens your negotiating position.

Yes. Illinois mechanic lien rights are independent of your contract. As a subcontractor, you can file a lien against the property even if your dispute is with the general contractor, not the property owner. However, your lien amount may be limited by how much the owner still owes the GC at the time you serve your Section 24 notice, so acting quickly is critical.

Even if your lien deadline has passed, you still have options. You can pursue a breach of contract claim, send a statutory demand letter, or file a bond claim if the project was bonded. Our contractor collections practice evaluates every available remedy when lien rights are no longer available.

Costs depend on the complexity of the dispute and the remedy being pursued. Mechanic lien filings involve statutory requirements that are straightforward when handled early. Foreclosure actions and litigation are more involved. We offer a free initial consultation to evaluate your situation and discuss fee structures.

Related Practice Areas

Illinois Mechanic Liens

Comprehensive guide to filing and enforcing mechanic liens under 770 ILCS 60.

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Payment Bond Claims

How to pursue payment on public construction projects through bond claims.

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Unpaid Contractor Rights

Legal options when you've completed work and the customer won't pay.

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Lien Foreclosure

Enforcing your mechanic lien through foreclosure litigation.

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Contractor Collections

Demand letters, negotiation, and litigation to collect construction debts.

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Lien Deadline Calculator

Enter your dates and see every deadline that applies to your claim.

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Not sure if you still have lien rights?

Tell us your last work date and project details. We will confirm your deadlines and recommend the strongest available remedy, at no cost.

All inquiries answered within 1 business day.