Last updated: March 2026
Not Getting Paid on an Illinois Construction Project?
When you perform work or supply materials for a private construction project in Illinois and do not get paid, the Illinois Mechanics Lien Act (770 ILCS 60) gives you a powerful remedy: the right to place a lien on the improved property. A mechanic lien encumbers the real estate, creates leverage against the property owner, and — if necessary — allows you to foreclose and force a judicial sale to satisfy the debt.
But lien rights are not self-executing. Illinois imposes strict notice deadlines, recording requirements, and service rules that must be followed precisely. Missing a single step can permanently forfeit your claim. That is why early engagement with an experienced Illinois mechanic lien attorney is critical — the earlier we get involved, the more options we can preserve.
Whether you are a general contractor owed six figures on a commercial build, a subcontractor with outstanding pay applications, or a material supplier with unpaid invoices on a residential remodel, the legal framework is the same. The question is whether you have complied with the Act's requirements — or still have time to do so. Use our deadline calculator to check your timeline, or contact us for a free deadline review.
Who We Help: Contractors, Subcontractors & Suppliers
The Illinois Mechanics Lien Act protects a broad range of parties who contribute to the improvement of private property. Each role has different notice requirements and deadlines. Our firm represents all of them.
General Contractors
Direct contract with the property owner. No preliminary notice required in most cases. Must record the lien claim within four months of last furnishing and enforce within two years.
Subcontractors
Must serve a Section 24 notice on the property owner within 90 days of last furnishing. On owner-occupied residential projects, a 60-day notice is also required. See our subcontractor lien rights guide.
Material Suppliers
Suppliers who furnish materials incorporated into the improvement have lien rights but must comply with notice and recording requirements. Timing is critical because supplier deadlines often expire before the general contractor's. See our lien deadline guide for supplier-specific timing.
What an Illinois Mechanic Lien Attorney Does for You
Emalfarb Law handles every phase of the mechanic lien process — from the initial rights assessment through recording, negotiation, and litigation. Our representation is designed to preserve your rights, maximize your recovery, and resolve disputes as efficiently as possible.
Deadline & Rights Assessment
We review your contracts, invoices, and project timeline to confirm whether lien rights exist, which deadlines apply, and which notices are required. If the project is public, we identify the correct alternative remedy — bond claim or lien on public funds. Check your deadlines now with our free calculator. Learn more.
Notice Preparation & Service
For subcontractors and suppliers, we prepare and serve the required Section 24 notice within the 90-day window and the 60-day residential notice if applicable. We verify delivery to the correct parties and document proof of service. Learn more.
Lien Claim Drafting & Recording
We draft the verified lien claim with all required statutory information — claimant identity, owner name, legal description, work description, amount claimed, and dates of furnishing — and record it with the county recorder within the 4-month deadline. Learn more.
Demand & Negotiation
Once the lien is recorded, we send a formal demand to the property owner and general contractor. In many cases, the pressure of a recorded lien — which clouds title and blocks sales or refinancing — leads to prompt payment or a negotiated resolution.
Foreclosure & Litigation
If negotiation fails, we file a foreclosure action to enforce the lien within the statutory timeframe. We also defend against Section 34 demands and respond to any challenges to the lien's validity. Learn more.
Critical Illinois Mechanic Lien Deadlines
The Mechanics Lien Act imposes a series of overlapping deadlines. Missing any one of them can reduce or eliminate your lien rights. Consult our complete Illinois mechanic lien deadlines guide for the full analysis.
| Deadline | Timeframe | Statute |
|---|---|---|
| 60-Day Residential Notice | 60 days from first furnishing | 770 ILCS 60/5 |
| Section 24 Notice | 90 days from last furnishing | 770 ILCS 60/24 |
| Lien Recording | 4 months from last furnishing | 770 ILCS 60/7 |
| Foreclosure Lawsuit | 2 years from last furnishing | 770 ILCS 60/7 |
| Section 34 Demand Response | 30 days from demand | 770 ILCS 60/34 |
Deadlines are strict and unforgiving. Illinois courts do not grant extensions for mechanic lien deadlines. There is no equitable tolling. If you are approaching a deadline, contact us immediately. Use our deadline calculator for an estimate, then call for a free review.
Why You Need a Mechanic Lien Attorney in Illinois
The Illinois Mechanics Lien Act is a strict-compliance statute. Courts have invalidated liens for technical errors in the claim, late notice, improper service, and insufficient property descriptions. An experienced attorney protects against these risks and positions your claim for the strongest possible recovery.
Preserve Your Deadlines
We track every notice and recording deadline so nothing is missed. Once a deadline passes, the rights it protected may be permanently lost.
Ensure Proper Notice
Section 24 and 60-day residential notices must reach the correct parties in the correct form. Defective notice can invalidate the entire claim.
Draft Accurate Lien Claims
The lien claim must include specific statutory information and be verified by affidavit. Errors in the legal description, amount, or dates can be fatal.
Maximize Your Recovery
We evaluate the full range of remedies — mechanic lien, breach of contract, Trust Fund Act, unjust enrichment — and pursue the strategy most likely to result in payment.
Handle Disputes & Defenses
If the owner or GC challenges the lien, disputes the amount, or serves a Section 34 demand, you need counsel who can respond effectively within tight timeframes.
Litigate When Necessary
If negotiation fails, we file foreclosure, name all necessary parties, and pursue the claim through trial. We also defend against counterclaims and slander-of-title actions.
Missed a Deadline? You May Still Have Options
If you have missed a mechanic lien deadline, all is not necessarily lost. While the lien remedy itself may be impaired or forfeited, other legal remedies may remain available depending on your situation:
Breach of contract claim against the party who hired you
Unjust enrichment claim if no written contract exists
Trust Fund Act claim (770 ILCS 60/21.02) for diverted construction funds
Payment bond claim if the project has a surety bond
Construction demand letter to compel negotiation
Late-recorded lien that may still be valid against the original owner (though not against third parties)
Contact us to discuss your situation. Even when lien rights are lost, we often find alternative paths to recovery.
Documents to Have Ready for Your Consultation
Having complete documentation ready when you contact us accelerates the process and strengthens your claim:
Why Emalfarb Law for Illinois Mechanic Liens
Practicing construction law in Illinois since 1977
Exclusive focus on mechanic liens, construction payment, and 770 ILCS 60
Representation of general contractors, subcontractors, and material suppliers across Illinois
Published authors — Illinois Construction Law Manual and Forms (McGraw-Hill)
Experienced in both negotiation and mechanic lien foreclosure litigation
Free initial deadline and rights review for every prospective client
See representative outcomes from our construction law practice on our construction law results page. Learn more about our team on the attorney profiles page.