Kendall County Mechanic Lien Lawyer

Several municipalities straddle the Kendall County line, so first confirm that the parcel lies in Kendall County. Mechanic lien claims affecting Kendall County property are recorded with the Kendall County Clerk & Recorder, Recorder's Office, 502 South Main Street, Yorkville. 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 Kendall County property is filed in the Circuit Court of Kendall County, Twenty-Third Judicial Circuit, Kendall County Courthouse, 807 West John Street, Yorkville. 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.

Generally, no. A pay-when-paid clause ordinarily addresses only the timing of payment, while a sufficiently clear pay-if-paid clause may shift the risk of owner nonpayment for an ordinary contract claim. Section 21(e) of the Illinois Mechanics Lien Act, 770 ILCS 60/21(e), however, expressly prevents an upstream payment condition from serving as a defense to claims brought under Sections 21, 22, 23, or 28 of the Act. The appellate court discussed that distinction in Beal Bank Nevada v. Northshore Center THC, LLC, 64 N.E.3d 201 (Ill. App. Ct. 1st Dist. 2016). A lien waiver requires separate analysis of its scope, validity, and consideration, and Section 1(d) limits certain advance waivers. On production-builder subdivisions, homes may be sold soon after completion, so the practical consequence is that you should serve notice and record promptly rather than wait for the end of the statutory period.

A subcontractor or material supplier without a direct contract with the owner generally must serve written notice of its claim within 90 days after completing its own work, including qualifying extra or additional work. The requirement appears in Section 24 of the Illinois Mechanics Lien Act, 770 ILCS 60/24. The notice must go to the owner of record or an authorized statutory recipient and to the lending agency, if known, and must state the amount due or to become due. Since January 1, 2025, Section 24 permits service by registered or certified mail, return receipt requested, by a nationally recognized delivery company with tracking, or by personal service. Section 24 dispenses with the owner notice when a qualifying sworn statement already identifies the claimant and the amount due, though protection may be limited to the amount stated. The practical consequence is that the notice should be served well before the 90th day, not on it.

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 Kendall County 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.