ILLINOIS MECHANICS LIEN GUIDE
Deadlines • Notices • Filing Requirements • Step-By-Step Instructions
Illinois lien laws are governed by the Illinois Mechanics Lien Act (770 ILCS 60/1 et seq.).
If you provide labor, materials, or improvements to property in Illinois, this guide breaks down everything you need to protect your lien rights: deadlines, required notices, forms, who can file, and exactly how to file a lien in Illinois.
In Illinois, Mechanics Lien and Claim for Lienare used interchangeably.
LET’S LEARN THE BASICS ABOUT ILLINOIS CONSTRUCTION LIEN:
⭐ Who Can File a Mechanics Lien in Illinois?
Illinois gives lien rights to:
General contractors
Subcontractors
Sub-subcontractors
Material suppliers
Laborers
Equipment lessors
Restoration contractors
Architects, engineers, and design professionals
If you contribute labor, materials, or services that improve a property, you likely have lien rights under Illinois law.
⭐ Illinois Mechanics Lien Deadlines (Critical)
Deadline #1: to file an Illinois Construction Lien:
General contract must record its construction lien within 4 months from completion of the work to preserve priority against subsequent third parties (like lenders or purchasers).
You may still record your construction lien up to 2 years after completion of the work, but your lien loses priority against anyone who buys or finances the property after 4 months.
Deadline #2: to Enforce an Illinois Mechanics Lien
After recording your Illinois construction lien, you must enforce it by filing suit, within 2 year of the lien recording date.
If you don’t file a foreclosure lawsuit within 2 years of the recording date, the lien automatically becomes unenforceable.
⭐ Illinois 90-Day Notice of Intent to Lien Requirement (Subcontractors Only)
Before filing a lien, subcontractors and suppliers must serve a written notice to the property owner within 90 days of last furnishing labor or materials. This notice alerts the owner that you are unpaid and intend to assert lien rights.
Who must send the 90-Day Notice?
Anyone who doesn’t have a direct contract with the owner
Subcontractors
Sub-subs
Material suppliers
Who does NOT send it?
General contractors with a direct contract with the owner.
Before you file an Illinois construction lien, you must understand whether a Preliminary Notice is required. This notice protects your lien rights and is mandatory for most subcontractors and suppliers.
⭐ Illinois Preliminary Notice Requirements
An Illinois Preliminary Notice, is a legal document and it serves one purpose:
To let the property owner, general contractor, and other required parties know that you are providing labor, materials, or services to the project.
It protects your lien rights by formally notifying the parties involved that you’re on the job and may file a lien if you’re not paid.
Who Must Send an Illinois Preliminary Notice?
Anyone who doesn’t have a direct contract with the owner and working on a single-family owner residence.
Subcontractors
Sub-subcontractors
Material suppliers
Labor providers
Who Does NOT Need an Illinois Preliminary Notice Contractors who have a direct contract with the property owner, typically a GC.
Illinois Preliminary Notice Deadline:
You must send the Preliminary Notice within 60 days of your first day of furnishing labor or materials.