Question 1

How do I know which payment remedy applies to my situation?

Accepted Answer

The first question is whether your project is public or private. On private projects, mechanics liens are the primary remedy. On public projects, you must pursue a payment bond claim or a lien on public funds — mechanics liens are not available against government property. Your position in the contracting chain (GC, subcontractor, or supplier) determines the specific notice requirements.

Question 2

Can I pursue more than one remedy at the same time?

Accepted Answer

In some situations, yes. For example, on a public project where a payment bond exists and public funds have not been fully disbursed, you may be able to pursue both a bond claim and a lien on public funds simultaneously. On private projects, you might send a demand letter while preserving your lien rights. An attorney can help you determine the right combination.

Question 3

What is the most common mistake contractors make when they are not paid?

Accepted Answer

Waiting too long to act. Every payment remedy in Illinois has strict deadlines — 90 days for Section 24 notices, 4 months to record a lien, specific windows for bond claim notices. By the time many contractors consult an attorney, one or more deadlines have already passed. Act as soon as you suspect a payment problem.

Question 4

Do I need an attorney to send a demand letter?

Accepted Answer

You can send a demand letter yourself, but a letter from a construction attorney carries significantly more weight. It demonstrates that you understand your legal options and are prepared to follow through. It also ensures the letter includes the correct statutory references and preserves your position for any subsequent filings.

Question 5

How long does a mechanics lien foreclosure take?

Accepted Answer

Timelines vary, but most lien foreclosure actions take several months to over a year to resolve, depending on whether the case settles or goes to trial. However, the filing itself creates immediate pressure — property owners cannot sell or refinance with a lien on the title, which often motivates settlement discussions.

Question 6

What if I am a supplier and not a contractor — do I still have lien rights?

Accepted Answer

Yes. Material suppliers have mechanics lien rights in Illinois, though the notice requirements differ depending on whether you contracted directly with the general contractor or with a subcontractor. Suppliers who furnish materials to a subcontractor generally must send a Section 24 notice within 90 days to preserve their lien claim, though exceptions may apply (e.g., parties listed on the GC's sworn statement under Section 5).

Question 7

What happens if the general contractor files for bankruptcy?

Accepted Answer

Bankruptcy complicates collection but does not necessarily eliminate your rights. A properly recorded mechanics lien attaches to the property — not the contractor — so it survives the contractor's bankruptcy. Payment bond claims target the surety company, which is a separate entity. Consult a construction attorney immediately if a party in your payment chain files for bankruptcy.

Question 8

Is there a minimum amount required to file a mechanics lien?

Accepted Answer

No. Illinois law does not impose a minimum dollar threshold for mechanics lien claims. However, the practical costs of filing and potentially litigating a lien should be weighed against the amount owed. For smaller amounts, a demand letter may be a more cost-effective first step.

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