How long do I have to act if I haven't been paid on a construction project?

Deadlines depend on the remedy. For mechanics liens on private projects, subcontractors must send a Section 24 notice within 90 days of last furnishing and record the lien within 4 months. For payment bond claims on public projects, first-tier claimants must provide notice within 180 days. Missing any of these deadlines can permanently bar your claim.

What is the first thing I should do when a payment is late?

Document everything immediately. Confirm the amount owed, gather your contract, invoices, delivery tickets, and any correspondence. Then determine whether the project is public or private — this dictates which remedy applies. Send a written demand letter and consult an attorney before any deadline passes.

Can I file a mechanics lien on a public project in Illinois?

No. Illinois law does not allow mechanics liens on government-owned property. On public projects, your remedies are a payment bond claim under 30 ILCS 550 or a lien on public funds under 770 ILCS 60/23.

What is the difference between a mechanics lien and a payment bond claim?

A mechanics lien attaches to private property and can force a sale to satisfy the debt. A payment bond claim targets the surety company that guaranteed the general contractor's payment obligations on a public project. Both have strict notice and deadline requirements.

Do I need a lawyer to file a mechanics lien in Illinois?

While the statute does not require an attorney to record a lien, the process involves strict notice requirements, precise statutory language, and tight deadlines. Errors in any step can invalidate the lien entirely. An experienced construction attorney significantly reduces the risk of a defective filing.

Can I still get paid if the property owner already paid the general contractor?

Yes. On private projects, a properly filed mechanics lien attaches to the property regardless of whether the owner paid the GC. On public projects, a payment bond claim targets the surety, not the public treasury. However, a lien on public funds only reaches money the government body has not yet disbursed.

What is a Section 24 notice and do I need one?

Section 24 of the Illinois Mechanics Lien Act (770 ILCS 60/24) requires subcontractors who do not have a direct contract with the property owner to serve written notice within 90 days of their last furnishing. Without this notice, a subcontractor's lien rights are forfeited.

How much does it cost to pursue a mechanics lien or bond claim?

Costs vary depending on the complexity of the claim and whether litigation is required. Recording a lien involves county filing fees. Bond claims require formal notice and potential suit. Many construction attorneys offer an initial consultation to evaluate your claim and outline likely costs before proceeding.

What documents do I need to prove I wasn't paid?

Key documents include your signed contract or purchase order, all change orders, invoices and pay applications, delivery tickets, daily logs, lien waivers exchanged, correspondence demanding payment, and any partial payment records. The stronger your paper trail, the more leverage you have.

Can I stop work if I'm not getting paid?

Potentially, but stopping work carries risks. Review your contract for suspension or termination clauses. In some cases, stopping work without proper contractual basis can expose you to counterclaims for delay damages or breach. Consult an attorney before suspending performance.

What if the party who owes me files for bankruptcy?

Bankruptcy triggers an automatic stay that halts collection efforts. However, a properly recorded mechanics lien may give you secured creditor status in the bankruptcy proceeding, which improves your priority for payment. Bond claims against a surety are generally not affected by the principal contractor's bankruptcy.

Is there a minimum amount required to file a mechanics lien?

Illinois law does not impose a minimum dollar threshold for filing a mechanics lien. However, the costs of filing and potentially enforcing the lien through litigation should be weighed against the amount owed. Even smaller claims benefit from the leverage a recorded lien provides.

Can I recover attorney fees if I win my lien or bond claim?

Under the Illinois Mechanics Lien Act, a successful lien claimant may recover reasonable attorney fees. For bond claims, fee recovery depends on the bond terms and applicable statute. Your contract may also contain an attorney fee provision that applies to payment disputes.

Construction Payment Recovery

Contractor Not Getting Paid in Illinois?

Q: What happens if the general contractor disputes the amount I'm owed?

Disputes over amounts do not eliminate your right to file a lien or bond claim. You should file for the full amount you believe is owed in good faith. The dispute can be resolved through negotiation, mediation, or litigation after the lien or bond claim is in place — but you must preserve your rights first.

If you performed work or supplied materials on an Illinois construction project and haven't been paid, you have legal options. The right strategy depends on your role, the project type, and how quickly you act.

Last updated: February 2026

Not sure which remedy fits your situation? Start with our Unpaid Contractors decision guide to compare all available payment remedies side by side. This page focuses on your step-by-step action plan once you know your path.

Start Here: What to Do Today

Payment problems rarely resolve themselves. The sooner you act, the more options you have. Illinois construction payment deadlines are strict — some as short as 90 days — and missing them can permanently forfeit your rights. Here is what to do right now:

Step 1

Stop and Document

Gather your contract, all change orders, invoices, delivery tickets, pay applications, and any written correspondence about payment. You will need these regardless of which remedy you pursue.

Step 2

Identify the Project Type

Determine whether the project is on private property or public (government-owned) property. This single fact controls which legal remedy applies to your situation.

Step 3

Check Your Deadlines

Review the applicable notice and filing deadlines based on your role (GC, subcontractor, supplier) and the project type. Deadlines run from your last date of furnishing labor or materials.

Step 4

Send a Written Demand

A formal demand letter puts the other party on notice and creates a record. In some cases, a well-drafted demand triggers payment without further action.

Step 5

Contact an Attorney

An experienced construction attorney can evaluate your situation, confirm your deadlines, and recommend the right course of action before any rights expire.

Private Project vs Public Project — Which Remedy Applies?

Illinois law provides different payment remedies depending on whether the construction project is on private or public property. Choosing the wrong remedy — or failing to comply with the correct procedure — can cost you your claim entirely.

Private

Private Projects — Mechanics Lien

On private projects, unpaid contractors, subcontractors, and suppliers can file a mechanics lien against the property under 770 ILCS 60. The lien attaches to the real estate and can be enforced through foreclosure.

Learn more: Illinois Mechanics Lien Attorney | Lien Deadlines

Public

Public Projects — Bond Claim or Lien on Funds

Government property cannot be liened. Instead, unpaid parties pursue a payment bond claim against the surety (30 ILCS 550) or a lien on public funds still held by the government body (770 ILCS 60/23).

Learn more: Payment Bond Claim | Public vs Private Guide

Preserve Your Rights: Securing Receivables Compliance

Payment recovery starts before the dispute. Illinois law requires contractors and subcontractors to take specific steps during the project — not after nonpayment occurs — to preserve their lien and bond claim rights. Failing to comply with these requirements can eliminate your remedies entirely.

Subcontractors must serve a Section 24 notice within 90 days of last furnishing to preserve lien rights

Suppliers should track delivery dates carefully — lien deadlines run from the last delivery, not the last invoice

On public projects, identify the payment bond and surety early so you can serve timely notice if needed

Keep copies of all contracts, change orders, daily logs, and pay applications from day one

Understand the difference between conditional and unconditional lien waivers before signing

For a comprehensive overview of compliance steps, see our Securing Construction Receivables guide.

Your Options: Demand Letter, Mechanics Lien, Bond Claim

Depending on your situation, you may have one or more of the following remedies available. Each has its own requirements, deadlines, and strategic considerations.

Option 1

Construction Demand Letter

A formal demand letter puts the debtor on notice that you intend to pursue legal remedies if payment is not made. It creates a written record and often resolves disputes without litigation. Timing matters — send the demand while you still have time to file a lien or bond claim.

Learn about demand letters

Option 2

Mechanics Lien (Private Projects)

A mechanics lien encumbers the property and gives you powerful leverage. The lien must be recorded within 4 months of last furnishing and enforced through foreclosure within 2 years. Subcontractors must first serve a Section 24 notice within 90 days.

Work with a lien attorney

Option 3

Payment Bond Claim (Public Projects)

On public projects, payment bonds issued by surety companies guarantee subcontractor and supplier payment. First-tier claimants must provide notice within 180 days; second-tier within 90 days. Suit must be filed within one year of last furnishing.

Learn about bond claims

Common Reasons Payment Gets Delayed (and How to Respond)

Understanding why payment is being withheld helps you choose the right response. Here are the most common scenarios Illinois contractors encounter:

"The owner hasn't paid us yet"

This is the most common excuse. Under Illinois law, a "pay-when-paid" clause does not eliminate your lien or bond claim rights. The subcontractor's right to payment is independent of whether the GC has been paid. File your notice and preserve your remedies regardless.

"There's a dispute about the work"

Disputes over quality or scope do not excuse nonpayment for undisputed amounts. You should file a lien or bond claim for the full amount you believe is owed in good faith. The dispute can be resolved through negotiation or litigation after your rights are preserved.

"We're waiting on a change order approval"

Change order delays are common but should not hold up payment for work already authorized and completed. Document the authorization you received (even verbal), the work performed, and send a formal demand for payment of the approved amounts.

"You haven't submitted a proper pay application"

Review your contract for pay application requirements. If you missed a procedural step, cure it immediately. If your applications were properly submitted, send copies with your demand letter and note the dates of submission.

"The project has financial problems"

Financial distress on a project is a red flag. Act immediately to preserve your lien or bond claim rights before the situation deteriorates further. If bankruptcy is filed, a properly recorded lien may give you secured creditor status.

Frequently Asked Questions

Related Illinois Construction Payment Resources

Illinois Mechanic Lien Law — Complete Guide

Illinois Mechanics Lien Attorney

Lien Deadlines by Role

Payment Bond Claims

Construction Demand Letter

Securing Construction Receivables

Public vs Private Projects

Subcontractor Lien Rights

Not Getting Paid? Talk to Us Today.

Every day that passes without action is a day closer to a missed deadline. Emalfarb Law LLC helps Illinois contractors, subcontractors, and suppliers recover what they are owed through mechanics liens, bond claims, and demand letters.