Question 1

What is a mechanic's lien in Illinois?

Accepted Answer

A mechanic's lien is a legal claim against real property that secures payment for labor, materials, or services furnished in connection with a construction project. Under the Illinois Mechanics Lien Act (770 ILCS 60/), contractors, subcontractors, material suppliers, and other construction participants can file a lien against the property where work was performed. The lien creates a security interest in the property, and if the debt is not paid, the lien holder can potentially foreclose on the property to recover what is owed.

Question 2

Who can file a mechanic's lien in Illinois?

Accepted Answer

Under Section 1 of the Illinois Mechanics Lien Act (770 ILCS 60/1), any person who furnishes labor, services, material, fixtures, apparatus, or machinery for the improvement of real property may file a lien. This includes general contractors, subcontractors, material suppliers, equipment lessors (on commercial projects), laborers, architects, engineers, and construction managers. However, the specific notice requirements and deadlines vary depending on your role in the project.

Question 3

Do I need a written contract to file a mechanic's lien in Illinois?

Accepted Answer

While a written contract is always preferred and makes enforcement significantly easier, Illinois law does allow for mechanic's liens based on oral contracts. You must, however, be able to prove the existence of the agreement and the reasonable value of the work performed or materials furnished. Written contracts provide clearer evidence of the terms, scope, and agreed-upon price, which strengthens your lien claim substantially.

Question 4

What is the 90-day notice requirement for subcontractors?

Accepted Answer

Under 770 ILCS 60/24 (Section 24), subcontractors who do not have a direct contract with the property owner must serve a "Notice of Claim" on the owner or the owner's agent within 90 days of their last date of furnishing labor or materials. This notice informs the owner that the subcontractor has a potential lien claim. Failure to serve this notice within the 90-day window can result in the complete loss of your lien rights, unless you are listed on the general contractor's sworn statement under Section 5.

Question 5

What happens if I miss the 4-month recording deadline?

Accepted Answer

If you miss the 4-month window to record your lien with the County Recorder of Deeds but record it within the 2-year statute of limitations, your lien may still be valid against the original property owner. However, you lose priority against third parties such as banks, mortgage lenders, and subsequent purchasers of the property. This means that while the original owner may still owe you, your lien will be subordinate to later-recorded interests, significantly reducing your recovery potential.

Question 6

What is a Section 34 demand and how does it affect my lien?

Accepted Answer

Under 770 ILCS 60/34, a property owner can serve a written demand requiring you to file your lien foreclosure lawsuit within 30 days. If you fail to file suit within those 30 days after receiving the demand, your lien rights are permanently forfeited. This is an accelerated deadline that can dramatically shorten the normal 2-year enforcement window. If you receive a Section 34 demand, you should contact an attorney immediately.

Question 7

Can I file a mechanic's lien on a public project in Illinois?

Accepted Answer

You cannot file a traditional mechanic's lien against publicly owned real estate (schools, municipal buildings, government properties) because public property cannot be sold to satisfy a private debt. However, under 770 ILCS 60/23, you can file a "Lien Against Public Funds," which attaches to the money owed by the public entity to the general contractor. Additionally, the Illinois Public Construction Bond Act (30 ILCS 550/) requires payment bonds on public projects exceeding $50,000, providing another avenue for recovery.

Question 8

What is the difference between a mechanic's lien and a payment bond claim?

Accepted Answer

A mechanic's lien is a claim against real property that secures payment by creating a security interest in the land and improvements. A payment bond claim, by contrast, is a claim against a surety bond posted by the general contractor (or required by the project owner on public projects). On private projects, you may have both lien rights and bond claim rights. On public projects, payment bond claims are typically your primary remedy since you cannot lien publicly owned property.

Question 9

What does 'strict compliance' mean for Illinois mechanic liens?

Accepted Answer

Illinois courts interpret the Mechanics Lien Act as requiring "strict compliance" with every procedural requirement. This means that even minor errors — a wrong property address, an incorrect legal description, a missed deadline by a single day, an unverified affidavit, or an improper service of notice — can result in the complete invalidation of your lien claim. There is no "substantial compliance" standard for Illinois mechanic liens; you must meet every technical requirement precisely.

Question 10

Can I lien a condominium unit in Illinois?

Accepted Answer

Yes, but liening a condominium in Illinois involves additional complexity. You must properly "allocate" and "apportion" the total debt across the individual condominium units and their respective common element interests. This means you cannot simply lien the entire property; instead, each unit must be separately liened for its proportional share. Failure to properly allocate can invalidate your lien claim. An experienced construction attorney can ensure proper allocation is performed.

Question 11

I missed the 90-day Section 24 Notice deadline. Are my lien rights gone?

Accepted Answer

Not necessarily. While strict compliance is the general rule, 770 ILCS 60/24 and 770 ILCS 60/21 provide an important exception. If the general contractor provided a "Sworn Statement" to the owner that correctly identifies you and the amount due, that sworn statement can serve as sufficient notice to the owner to the extent of the amount shown. If you are listed on the GC's sworn statement, your lien rights may be preserved even without timely service of the Section 24 notice.

Question 12

What is the Miller Act and how does it apply to federal projects in Illinois?

Accepted Answer

The Miller Act (40 U.S.C. §§ 3131-3134) is the federal equivalent of state bond claim statutes. It requires general contractors on federal construction projects exceeding $100,000 to provide performance and payment bonds. Unlike state projects, federal property cannot be liened under any circumstances. Subcontractors and suppliers must file their bond claims in federal district court. First-tier subcontractors have 90 days from last furnishing to provide notice, and all claimants must file suit within one year.

Question 13

How much does it cost to file a mechanic's lien in Illinois?

Accepted Answer

County recorder filing fees vary by county. Cook County, Lake County, and DuPage County each have their own fee schedules. Beyond the filing fees, there are costs for obtaining the correct legal description, preparing the verified lien claim document, and serving required notices. Attorney fees for lien preparation and filing can vary depending on the complexity of the project. Contact Emalfarb Law LLC for a consultation to discuss your specific situation.

Question 14

Does Emalfarb Law LLC handle construction disputes outside of Illinois?

Accepted Answer

Yes. While our core practice is rooted in Illinois construction law and the Illinois Mechanics Lien Act, Emalfarb Law LLC handles lien and bond matters nationwide across all 50 states. We regularly prosecute Federal Miller Act bond claims on federal projects and manage multi-state lien portfolios for national contractors and suppliers. Contact us for assistance with construction payment disputes in any jurisdiction.

Illinois Mechanic Lien and Bond Claim FAQ

Common Questions About Illinois Mechanic Liens

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