Illinois Construction Lien Resources
Subs: 90-day notice to owner and lender after your last work. Everyone: record the lien within 4 months of completion. Sue within 2 years. Everything a contractor, subcontractor or supplier needs to protect lien rights in Illinois.
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Sub notice to owner and lender after completion
Record the lien to bind lenders and buyers
Sue to enforce after completion
Sue after an owner’s Section 34 demand
Illinois deadline calculator
Enter your dates and see every deadline in order. Red rows are the ones that can cost you the lien.
How an Illinois lien comes together
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Before any payment
Contractor’s sworn statement
The contractor gives the owner a sworn list of every sub and supplier and what each is owed before the owner pays. On an owner-occupied single family home, the contractor also gives the Section 5(b) printed notice before the first payment.
770 ILCS 60/5
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Within 60 days of first furnishing (existing owner-occupied single family home)
Sub notice to the occupant
A sub working on an existing owner-occupied single family home notifies the occupant, in person or by certified mail, return receipt requested. A late notice preserves the lien only to the extent the owner was not prejudiced by earlier payments.
770 ILCS 60/21(c)
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Within 90 days after the sub’s completion
Sub’s 90-day notice of claim
The sub sends written notice of its claim and amount due to the owner of record (or agent, architect or superintendent) and the lender, if known. Notice counts as served when it is mailed or handed to the delivery service.
770 ILCS 60/24
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Within 4 months after completion
Record the claim for lien
Record a verified claim for lien with the county recorder where the property sits, or file suit, within 4 months. This protects the lien against lenders, other creditors and buyers.
770 ILCS 60/7(a); 770 ILCS 60/28
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Within 10 days after recording (owner-occupied single family home)
Contractor notice of the recorded lien
A contractor gives the owner written notice within 10 days after recording. Late notice extinguishes the lien to the extent the owner suffered damages before notice.
770 ILCS 60/7(d)
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Within 2 years after completion
File suit to enforce
File a lawsuit (or counterclaim) to foreclose the lien within 2 years after completion. If someone serves a written Section 34 demand, suit is due within 30 days.
770 ILCS 60/9; 770 ILCS 60/34
The Illinois rules, abstracted
A working summary of the Illinois Mechanics Lien Act for notice, recording and enforcement.
Who has lien rights
A "contractor" contracts with the owner, or with someone the owner authorized or knowingly permitted, to improve the land. Anyone who furnishes labor, services, material, fixtures, apparatus or machinery for the contractor is a "subcontractor" under the Act. A sub’s lien attaches from the same time and to the same property as the contractor’s lien.
Subcontractor notices
Subs and suppliers send a written notice of their claim and amount due within 90 days after completing their work. It goes to the owner of record (or the owner’s agent, architect or superintendent) and to the lender, if known. Send it by registered or certified mail with return receipt, a national delivery company with tracking, or personal service. Notice is served when placed in the mail or with the delivery service. The notice is not needed when the contractor’s sworn statement already told the owner the amount due and to whom. On an existing owner-occupied single family home, subs also notify the occupant within 60 days of first furnishing.
No notice of commencement; sworn statements instead
Illinois has no notice of commencement or notice of completion. The contractor gives the owner a sworn statement of every party furnishing labor or materials and the amount owed to each, before the owner pays. The owner must require it. On owner-occupied single family homes, the contractor also gives a printed notice in 10-point bold type before the first payment.
The claim for lien
Record a claim for lien in the recorder’s office of the county where the property is located. It must be verified by affidavit and give a brief statement of the contract, the balance due after credits, and a description of the land. Recording (or filing suit) within 4 months after completion protects the lien against lenders, other creditors and buyers. As to the owner only, the claim may be recorded up to 2 years after completion. Subs use the same time limits under Section 28.
Service of the lien
On an owner-occupied single family home, a contractor must give the owner written notice within 10 days after recording. Notice is served when sent or personally delivered. If it is late and the owner suffers damages first, the lien is extinguished to the extent of those damages. This rule does not apply to subs. For subs, the key service step is the 90-day notice under Section 24.
Enforcement deadline
Suit to enforce must be filed within 2 years after completion of the contract or extra work. If the owner, a lienor, the recorder or anyone interested in the property serves a written demand, the claimant must file suit (or answer in a pending suit) within 30 days or the lien is forfeited.
Residential and owner protections
Advance waivers of lien rights given in exchange for being awarded a contract are against public policy and unenforceable. Owner-occupied single family homes get three extra protections: the contractor’s printed sworn-statement notice, the sub’s 60-day occupant notice, and the contractor’s 10-day notice after recording.
Illinois quirks
An honest error or overcharge does not defeat the lien for the proper amount unless made with intent to defraud. P.A. 103-827 (eff. Jan. 1, 2025) amended Sections 5, 21 and 24. Section 24 now allows tracked national delivery services for the 90-day notice and treats notice as served on mailing.
Where Illinois liens go wrong
- Subs missing the 90-day notice to the owner and lender.
- Recording after 4 months and losing priority against the lender or a buyer.
- Ignoring a Section 34 demand; the lien is forfeited after 30 days.
- Contractors skipping the 10-day post-recording notice on an owner-occupied home.
What do I need to send?
- On an existing owner-occupied single family home, notify the occupant within 60 days of first furnishing.
- Send the 90-day notice of claim to the owner of record and the lender, if known.
- Use certified or registered mail with return receipt, tracked national courier, or personal service.
- Record a verified claim for lien within 4 months after your completion.
- Sue within 2 years, or within 30 days of a Section 34 demand.
- Give the owner a sworn statement of all subs and suppliers before payment.
- On an owner-occupied single family home, give the Section 5(b) printed notice before the first payment.
- Record a verified claim for lien within 4 months after completion to bind lenders and buyers.
- On an owner-occupied single family home, notify the owner in writing within 10 days after recording.
- File suit to enforce within 2 years after completion.
- Require the contractor’s sworn statement before paying.
- Watch for 90-day sub notices before paying the contractor.
- Serve a Section 34 written demand to force suit within 30 days.
- Check the county recorder for recorded claims before closing or funding.
Public projects: payment bonds
You can’t lien public property. On state and local jobs, your security is the contractor’s payment bond under the Illinois Public Construction Bond Act (30 ILCS 550).
- Until January 1, 2029, public works contracts over $150,000 require a payment bond ($500,000 for IDOT and the Toll Highway Authority). On and after that date, the threshold is $50,000.
- File a verified notice of claim within 180 days after your last work or materials. On State jobs it goes to the officer, board, bureau or department that awarded the contract. On local jobs it goes to the Clerk or Secretary of the political subdivision.
- Serve a copy of the verified notice on the contractor within 10 days after filing it.
- Sue on the bond no later than one year after your last work or materials. Illinois also allows a lien on public funds under 770 ILCS 60/23, with suit due within 90 days after serving that notice.
30 ILCS 550/1, 550/2; 770 ILCS 60/23
Lien waivers
Illinois has no mandatory statutory lien waiver form in the Mechanics Lien Act. An agreement to waive or subordinate lien rights in advance, given in exchange for being awarded a contract or subcontract, is against public policy and unenforceable. After a lien is paid, the claimant must give a release within 10 days of the owner’s written demand, or owe the owner $2,500.
770 ILCS 60/1(d); 770 ILCS 60/35
Federal projects
The Miller Act governs federal jobs in every state. Second-tier claimants give written notice to the prime contractor within 90 days after last furnishing; suit within 1 year after last furnishing.
40 U.S.C. 3133
Read the Illinois law
We link to the official statute instead of hosting a copy, so you always read the current version. Our summaries were last checked against these sources on October 6, 2026.
Illinois services
Flat pricing per document. Premium members pay less on every filing.
Basic: free with signup. Premium: $299 per year.
Basic Membership
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Premium Membership
Premium includes everything in Basic, plus discounted pricing across our service offerings. If you file notices or liens regularly, the savings can quickly cover the annual fee.
| Service | Premium | Basic |
|---|---|---|
| 60-day notice to occupant (residential) | Starting at $55 | Starting at $90 |
| 90-day notice of claim to owner and lender | Starting at $75 | Starting at $110 |
| Claim for lien: prepare, record and serve | Starting at $225 | Starting at $395 |
| Lien release / discharge | Starting at $110 | Starting at $165 |
| Public job bond notice or claim | Starting at $210 | Starting at $375 |
| Miller Act bond notice or claim (federal jobs) | Starting at $195 | Starting at $350 |
| Title search and legal description | Starting at $300 | Starting at $350 |
| Rush service (within 7 business days) | Starting at $75 | Starting at $150 |
| Same-day service (24-hour turnaround) | Starting at $125 | Starting at $200 |
| Electronic recording (e-file) | Starting at $45 | Starting at $75 |
Prices are LienNow service fees per document. County recording fees, state registry or portal fees, certified mail, postage and notary fees are billed at cost. Court actions to enforce a lien are handled by an attorney and are not included.
Illinois lien questions
Does Illinois require a preliminary notice before work starts?
Not on most jobs. Subs send a notice within 90 days after completing their work. On an existing owner-occupied single family home, subs also notify the occupant within 60 days of first furnishing.
How long do I have to record an Illinois mechanics lien?
Record (or file suit) within 4 months after completion to bind lenders, other creditors and buyers. Against the owner alone, a claim may be recorded up to 2 years after completion.
Do I have to send the owner a copy of my recorded lien?
On an owner-occupied single family home, a contractor must give the owner written notice within 10 days after recording. This rule does not apply to subs.
What happens if the owner sends a demand to sue?
Under Section 34, suit must be filed (or an answer filed in a pending suit) within 30 days after the written demand, or the lien is forfeited.
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The information on this page is general information about Illinois law as of the review date shown. It is not legal advice, and LienNow is not a law firm. Deadlines depend on the facts of each project. Consult a licensed Illinois attorney about your specific situation.