Record Your Lien or Lose Priority
The 4-Month Recording Deadline — 770 ILCS 60/7
For both the general contractor and the subcontractor on private projects, a lien must be recorded or suit filed within four months of the date last worked to be enforceable against the lender of record, encumbrancers, or third-party purchasers.
Last updated: March 2026
Section 7 of the Illinois Mechanics Lien Act (770 ILCS 60/7) establishes the 4-month recording deadline — one of the most critical deadlines in Illinois mechanic lien law. Regardless of whether it is a single-family residential or a private commercial project, every contractor and subcontractor must record a lien claim or file suit within four months of last furnishing labor or materials. Missing this deadline does not eliminate the lien entirely, but it strips the lien of its priority against lenders, encumbrancers, and third-party purchasers — which often renders the lien practically unenforceable.
The purpose of the §7 requirement is that third persons dealing with the property may have notice of the existence, nature, amount, and character of the lien, as well as the times when the material was furnished and labor performed. Review all Illinois mechanic lien deadlines to understand how this deadline fits into the broader timeline. If you need help, an experienced mechanic lien attorney can evaluate your situation.
The Statutory Requirement — 770 ILCS 60/7
Section 7 provides that a mechanic lien claim must be filed for record in the office of the recorder of deeds in the county where the property is located within four months after the claimant's last date of furnishing labor, services, or materials. If the claim is not so filed, it is not enforceable against any lender, encumbrancer, or third-party purchaser.
This means a lien recorded after the 4-month window may still be valid as between the claimant and the original property owner — but it will be subordinate to any mortgage, construction loan, or other recorded interest. In practice, this drastically reduces the value of the lien because the lender's interest will be satisfied first from any foreclosure proceeds.
Who Must Comply with the 4-Month Deadline
The 4-month recording requirement applies to every party with lien rights on a private construction project:
General contractors with a direct contract with the owner
Subcontractors at every tier
Material suppliers who furnished materials incorporated into the improvement
Equipment lessors (on commercial projects)
Architects, engineers, and surveyors whose work improved the property
Subcontractors and material suppliers must also comply with their respective notice requirements (the 60-day residential notice and/or the Section 24 notice) before or in addition to recording the lien.
Measuring the 4-Month Window
Four Months from Last Furnishing
The four months run from the claimant's last date of actually furnishing labor or materials to the project. This date is determined individually for each lien claimant — the general contractor's last furnishing date may differ from the subcontractor's, and each claimant's 4-month window is calculated independently.
The last date of furnishing is not the date of the last invoice, the date of the last pay application, or the date the project reached substantial completion. It is the last day the claimant actually performed work or delivered materials to the job site.
Punch-list and warranty work: Returning solely to fix defective work, perform warranty repairs, or inspect completed items generally does not extend the last furnishing date. Courts look at whether the work added new value to the improvement. Use our deadline calculator to verify your timeline.
What the Lien Claim Must Contain
The recorded lien claim is a verified document that must include specific information required by the Act. Errors in the lien claim — even minor ones — can invalidate the lien under Illinois's strict compliance standard.
Claimant Information
Full legal name and address of the person or entity claiming the lien
Property Owner
Name of the owner of the property at the time the work was performed
Legal Description
Complete legal description of the property (not just the street address)
Work Description
Nature of the labor, materials, or services furnished
Amount Claimed
The total amount due and remaining unpaid
Dates of Furnishing
First and last dates labor or materials were furnished to the project
The claim must be verified by affidavit — meaning the claimant must swear under oath that the information is true and correct. An unverified lien claim is invalid. Working with an experienced Chicago mechanic lien attorney ensures the claim is prepared correctly.
After Recording — Service and Enforcement
Recording the lien is not the final step. After recording, the claimant must:
Send a copy of the recorded lien claim to the property owner within 30 days of recording
File a foreclosure lawsuit within 2 years of last furnishing to enforce the lien (this period may be shortened to 30 days if the owner serves a Section 34 demand)
Name all necessary parties in the foreclosure action, including the owner, mortgage holders, and other lien claimants
For a complete walkthrough of the enforcement process, see our mechanic lien foreclosure guide and Section 34 demand page.
Consequences of Missing the 4-Month Deadline
Missing the 4-month recording deadline does not automatically destroy the lien — but it dramatically weakens it. A lien recorded after four months but within two years of last furnishing remains enforceable only against the original property owner. It loses all priority against:
Construction lenders and mortgage holders
Subsequent purchasers of the property
Other encumbrancers who recorded their interests before the late lien
In most cases, the construction lender holds the dominant interest in the property. Losing priority to the lender means the lender's claim is satisfied first from any foreclosure proceeds — often leaving nothing for the late-filing lien claimant.
County Recording Offices
The lien must be recorded in the county where the property is located. For the most common Illinois construction markets:
Cook County
Cook County Recorder of Deeds, 118 N. Clark Street, Chicago, IL 60602
Lake County
Lake County Recorder, 18 N. County Street, Waukegan, IL 60085
DuPage County
DuPage County Recorder, 421 N. County Farm Road, Wheaton, IL 60187
Cook County Suburbs
Same Cook County Recorder — covers all suburbs within Cook County
Frequently Asked Questions
Related Resources
Is Your 4-Month Deadline Approaching?
Once the 4-month recording window closes, you lose priority against lenders and third parties. Contact us now for a free deadline check before it is too late.