🔨 Construction Liens (Mechanic’s Liens)
Protecting Payment Rights for Contractors and Property Owners
Overview
Illinois mechanic’s lien law gives contractors, subcontractors, and suppliers a powerful tool to secure payment — the right to place a lien on the property itself. But the process has strict requirements and tight deadlines. Miss one, and you lose your lien rights entirely.
For property owners, understanding lien law protects you from paying twice for the same work or having liens filed against your property for debts that aren’t yours.
⚠️ Critical Deadlines — These Are NOT Flexible
Illinois mechanic’s lien deadlines are strict. Missing them means losing your lien rights permanently.
Services for Contractors & Property Owners
🔨 For Contractors & Suppliers
- Preliminary lien notices
- Mechanic’s lien filing
- Lien enforcement lawsuits
- Payment bond claims
- Contract review and negotiation
- Collection of unpaid invoices
- Defense against invalid lien waivers
🏠 For Property Owners
- Lien waiver management
- Challenging invalid liens
- Title clearing for sales/refinancing
- Contractor payment disputes
- Protection from sub’s liens
- Construction contract review
- Lien release negotiation
The Mechanic’s Lien Process in Illinois
Serve Notice (Subcontractors)
Subcontractors and suppliers must send written notice to the property owner within 90 days of starting work. Without this notice, no lien rights.
Document Everything
Keep records of all work performed, materials delivered, contracts, change orders, and communications. You’ll need this evidence.
File the Lien Claim
Within 4 months of completion (or last work performed), file a verified lien claim with the county recorder. The claim must meet specific statutory requirements.
Serve the Owner
Send a copy of the recorded lien to the property owner within 30 days of filing. Failure to serve doesn’t invalidate the lien but creates procedural issues.
File Lawsuit to Enforce
Within 2 years, file a lawsuit to foreclose on the lien. If you don’t sue, the lien expires and becomes unenforceable.
Frequently Asked Questions
I’m a general contractor — do I need to send a preliminary notice?
No. In Illinois, general contractors who contract directly with the owner don’t need to send preliminary notice. However, subcontractors and suppliers DO need to notify the owner within 90 days of starting work to preserve lien rights.
The owner paid the general contractor, but the GC didn’t pay me. Can I still lien?
Yes, IF you sent proper notice. This is exactly why the notice requirement exists — to alert owners that subs are on the job and must be paid. The owner may have to pay twice (once to the GC, once to satisfy your lien), which is why smart owners collect lien waivers before paying.
I signed a lien waiver. Does that mean I can’t file a lien?
Depends on the waiver. Illinois recognizes several types: unconditional (immediately effective), conditional (effective only when payment clears), partial (for specific amounts), and final (for completed work). An unconditional waiver signed before payment is dangerous — Elina reviews waivers before you sign.
Someone filed a lien against my property but I paid my contractor. What now?
This happens when the general contractor doesn’t pay subs. You may need to pay again to clear title (then sue the GC), or you can challenge the lien if proper procedures weren’t followed. An attorney can review the lien claim for defects and advise on your options.
I’m trying to sell/refinance but there’s a lien on the property. Help!
Liens must be cleared for most sales and refinances. Options include: paying the lien, negotiating a release for less than claimed, posting a bond to remove the lien from the property, or challenging an invalid lien in court. Time-sensitive matters need immediate attention.
What’s the difference between a mechanic’s lien and a judgment lien?
A mechanic’s lien is specific to construction/improvement work and must be filed within statutory deadlines. A judgment lien comes after winning a lawsuit and can attach to any property the debtor owns. Mechanic’s liens often have priority over other liens, making them powerful collection tools.
Do lien rights apply to residential remodeling jobs?
Yes. Illinois mechanic’s lien law applies to all real property improvements — new construction, remodels, additions, and even some repair work. The rules are the same whether it’s a $5,000 bathroom remodel or a $5 million commercial buildout.
Construction Payment Issue?
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