Illinois Mechanic’s Lien Attorney

In the construction industry, a mechanic’s lien is your most powerful tool to ensure you get paid for the labor and materials you provide. However, Illinois law is notoriously strict. A single missed deadline or a technical error in your filing can invalidate your claim entirely.

At Emalfarb Law LLC, we specialize in the "strict compliance" required to perfect and enforce mechanic’s liens for general contractors, subcontractors, and material suppliers throughout Illinois.

The Illinois Mechanics Lien Act is a "remedial" statute, but Illinois courts demand strict compliance. This means even a minor typographical error, a missed day on a deadline, or an incorrect property description can result in the complete forfeiture of your payment rights.

Common technical pitfalls we resolve include:

• Incorrect Property Identification: Using a street address instead of a precise legal description or the 14-digit Property Index Number (PIN).

• Identifying the Incorrect Parties: Having the incorrect parties can invalidate your Illinois mechanic lien. 

• Identifying the Wrong Owner: Failing to identify all parties with a legal or beneficial interest in the title.

• Overstating Lien Amounts: Including speculative future costs or attorney fees that were not contractually agreed upon, which can lead to a "fraudulent overstatement" defense.

To successfully maintain a lien claim in Illinois, you must navigate several critical windows under the Illinois Mechanics Lien Act (770 ILCS 60/):

• 90-Day Notice (Subcontractors): Subcontractors must serve a "Notice of Intent to Lien" on the owner (or the owner's agent) within 90 days of their last date of furnishing labor or materials. This requirement is strictly enforced under 770 ILCS 60/24.

• 60-Day Notice (Single-Family, Owner-Occupied): For projects involving owner-occupied single-family residences, subcontractors must provide a written "Notice to Owner" within 60 days of their first date of work to fully preserve their rights. This is governed by 770 ILCS 60/5(b).

• 4-Month Recording Deadline: To protect your claim against third parties, such as mortgage lenders or subsequent buyers, the lien must be recorded with the County Recorder of Deeds within 4 months of completion. This "perfection" of the lien against all parties is required by 770 ILCS 60/7.

• 2-Year Enforcement: A lawsuit to foreclose on the lien must be filed in the circuit court where the property is located within 2 years of your last date of work. This strict limitations period is set forth in 770 ILCS 60/9.

• 30-Day Accelerated Deadline (Section 34 Demand): An owner can shorten your two-year window by serving a formal demand to commence suit. Under 770 ILCS 60/34, you must file your foreclosure lawsuit within 30 days of receiving this demand or your lien rights are forfeited.  

Mechanic’s liens in Illinois operate differently depending on who owns the property:

• Private Liens (770 ILCS 60/1): These attach directly to the real estate, allowing you to eventually foreclose on the property to satisfy the debt.

• Public Liens (770 ILCS 60/23): On public projects (schools, municipal buildings, etc.), you cannot lien the land. Instead, your lien attaches to the "public funds" due to the general contractor. 

On public projects—such as Illinois schools or municipal buildings—you cannot lien the real estate. Instead, you must file a Lien Against Public Funds.

• The "Trapping" Effect: This lien attaches to the money due to the general contractor, effectively "trapping" those funds until your claim is resolved.

• The 90-Day Lawsuit Rule: Unlike private liens, you must file your lawsuit for an accounting within 90 days of serving the initial notice to the public official.

For public projects exceeding $50,000, the Illinois Public Construction Bond Act requires the general contractor to provide a payment bond.

• 180-Day Notice: You must provide written notice of your claim to the public body within 180 days of your last work date.

• One-Year Suit: Any lawsuit against the surety must be filed within one year of the last date of work.

Illinois courts do not recognize "close enough" when it comes to the Mechanics Lien Act (770 ILCS 60/). Your lien claim must be verified by affidavit and must include:

• A brief, accurate statement of the contract.

• The balance due after all credits.

• A sufficiently correct description of the property (often requiring a legal description to be fully effective).

• Correct identification of all owners and parties in interest.

Do I need a written contract to file a lien in Illinois? While a written contract is always preferred, Illinois law does allow for liens based on oral contracts, provided you can prove the agreement and the value of the work performed.

What happens if I miss the 4-month deadline? If you miss the 4-month window but record within 2 years, your lien may still be valid against the original owner, but you likely lose priority against the bank or future purchasers.7

Can I lien for leased equipment? In most commercial projects, yes. However, equipment lessors generally do not have lien rights on residential projects involving fewer than 12 units.

What if the property is a condominium? Liening a condo requires "allocation" and "apportionment," where the total debt is spread across individual units and their respective common interests.

I missed the 90-day deadline to serve my Section 24 Notice. Did I forefeit my mechanic lien rights? Not necessarily. While strict compliance is the rule, 770 ILCS 60/24 and 770 ILCS 60/21 provide an exception if the Subcontractor is listed on the General Contractor’s Sworn Statement. If the General Contractor provided a sworn statement to the owner that correctly identifies you and the amount due, that statement can serve as sufficient notice to the owner to the extent of the amount shown. 

Comprehensive Regional Coverage

While headquartered in Northbrook, Emalfarb Law LLC represents construction professionals in state and federal courts throughout the Chicago metropolitan area.

We have extensive experience recording liens and litigating payment disputes in the following jurisdictions:

• Cook County: Including Northbrook, Glenview, Chicago, Skokie, and Rolling Meadows.

• Lake County: Including Waukegan, Deerfield, Highland Park, Lake Forest, and Libertyville.

• DuPage County: Including Wheaton, Naperville, and Oak Brook.

• Will and McHenry Counties: Serving the expanding infrastructure needs of the outer suburbs.

Local Knowledge of Recorder’s Offices

Each county has specific requirements for recording mechanic's liens.

We ensure your filing meets the precise standards of the Cook County Clerk (Recorder of Deeds) and the Lake County Recorder, preventing technical rejections that could jeopardize your 4-month perfection deadline.

As a construction attorney with deep experience in the Illinois market, I provide:

• Lien Perfection: Ensuring your notices and filings meet every technical statutory requirement.

• Strategic Enforcement: Moving quickly to file foreclosure actions or bond claims to secure payment.

• Defense Expertise: Protecting owners and GCs from improper or fraudulent lien claims.

Secure Your Payment Rights Today

Construction projects move fast, and the 90-day and 4-month windows close even faster. Whether you are a general contractor, a subcontractor, or a material supplier, Emalfarb Law LLC has the construction law expertise to ensure your lien is perfected, recorded, and enforced.