Kankakee County Mechanic Lien Lawyer

Kankakee is the Kankakee County seat. Mechanic lien claims affecting Kankakee County property are recorded with the Kankakee County Recorder, 189 East Court Street, Kankakee. Under Section 7 of the Illinois Mechanics Lien Act, 770 ILCS 60/7, recording a sufficient verified claim in the correct county, or commencing suit, within four months after completion preserves the lien against creditors, encumbrancers, and purchasers; for subcontractors, that requirement operates through Sections 7 and 28. Section 7 requires a description sufficiently correct to identify the property, and in practice an accurate legal description and property index number are the prudent way to meet it. Confirm the owner of record and the county from the county records and title information before recording. The practical consequence is that you should obtain the deed or title commitment before drafting the lien, not after.

A lien foreclosure on Kankakee County property is filed in the Circuit Court of Kankakee County, Twenty-First Judicial Circuit, Kankakee County Courthouse, 450 East Court Street, Kankakee. Under Section 9 of the Illinois Mechanics Lien Act, 770 ILCS 60/9, suit generally must be filed, or a counterclaim asserted, within two years after completion of the contract or the extra or additional work, and a Section 34 demand can shorten that period to 30 days after receipt. Section 11 requires the claimant to join the owner, the contractor, persons in the contract chain between the claimant and the owner, persons who have asserted or may assert Mechanics Lien Act liens, and persons against whose property interests the claimant asserts its claim. Not every person with any conceivable interest is invariably mandatory, but the statutory categories are. The practical consequence is that a title search and contract-chain investigation should be completed before the complaint is drafted, so every necessary party is named and the case is not delayed by amendments.

Yes. Sections 1 and 21 of the Illinois Mechanics Lien Act, 770 ILCS 60/1 and 60/21, extend lien rights to persons who furnish materials for the improvement of real property, including suppliers to subcontractors. A supplier must show that the material was furnished for the specific property. Under Section 7(a), it need not always prove the material was actually incorporated into the improvement if the statutory delivery requirements are met, which is why job-specific delivery tickets and signed receipts matter. A supplier without a direct contract with the owner must serve the Section 24 notice within 90 days after completing its own contract and must record its claim, or commence suit, within four months after completion to preserve rights against third parties. The practical consequence is that suppliers delivering to several sites for the same customer should track deliveries by project from the first invoice.

If you are a subcontractor working on an existing owner-occupied single-family residence, yes. Section 21(c) of the Illinois Mechanics Lien Act, 770 ILCS 60/21(c), requires a notice to the occupant or the occupant's agent within 60 days after first furnishing, containing the statutory information and warning, delivered personally or by certified mail, return receipt requested. It is separate from the 90-day notice under Section 24. The 60-day provision concerns existing owner-occupied single-family residences only. A late notice can preserve the lien, but only to the extent the owner was not prejudiced by payments made before receiving it, as the appellate court explained in Crawford Supply Co. v. Schwartz, 396 Ill. App. 3d 111 (1st Dist. 2009). The practical consequence is that residential subcontractors should serve the notice at the start of the job, because every payment the homeowner makes before receiving it can reduce recovery.

A private mechanic lien generally cannot attach to public real estate, so Illinois provides two other remedies. Section 23 of the Illinois Mechanics Lien Act, 770 ILCS 60/23, permits a lien on eligible public funds owed to the contractor. For a local public body, the sworn notice goes to its clerk or secretary before the funds are paid out, a copy goes to the contractor at once, and the claimant must file the statutory accounting action within 90 days after serving the notice and deliver a copy of the complaint within 10 days after filing. The Public Construction Bond Act, 30 ILCS 550, generally requires a payment bond on public work over $150,000 as of 2026. A bond claimant must file a verified notice within 180 days after its last furnishing, send the contractor a copy within 10 days, and sue within one year after last furnishing. Projects for the City of Kankakee, Kankakee County, and local villages, school districts, and park districts fall within these rules. The practical consequence is that you should request the payment bond at the start of the project.

You generally have 30 days to act. Under Section 34 of the Illinois Mechanics Lien Act, 770 ILCS 60/34, the owner or any interested person may serve a written demand requiring the lien claimant to commence suit to enforce the lien. A properly prepared demand contains the statutory warning in at least 10-point boldface type and is served by registered or certified mail, return receipt requested, or by personal service. If the claimant does not commence suit, or answer asserting the lien in a pending suit, within 30 days after receipt, the lien is forfeited. The demand does not automatically extinguish the contract claim against the party responsible for payment, but the security of the lien is lost. Owners often serve these demands before a sale or refinancing. The practical consequence is that a Section 34 demand needs immediate legal review, because service on your agent or attorney can start the period.