Deadlines You Need to Know for Filing a Mechanic’s Lien in Illinois

A mechanics lien is the quickest way to turn an unpaid invoice into a secured interest in the property you improved—but in Illinois, the claim is only as strong as your calendar discipline. Missing even a single statutory date can drop your lien behind later mortgages or erase it outright. Below is a comprehensive, practice-tested timeline for contractors, subcontractors, and suppliers who want to keep their mechanics lien rights intact. 

If your project is already in jeopardy, speak with a top-rated Illinois mechanics lien lawyer at Grzymala Law Offices now—dial (847) 920-7286 before time runs out.

The 60-Day Preliminary Notice for Single-Family, Owner-Occupied Residences

If you are a subcontractor or supplier on an owner-occupied single-family home, Illinois imposes an extra step: serve written notice on the homeowner within 60 days of first furnishing labor or materials. Service may be personal or by certified mail return receipt requested with restricted delivery,. A late notice limits your recovery to amounts the owner still owes the general contractor on the day notice arrives, so calendar the 60-day mark the moment you mobilize.  The language required in the notice is set forth in the Illinois Mechanics Lien Act, 770 ILCS 60/5

The 90-Day Notice of Lien for All Subcontractors

Regardless of project type, every subcontractor must serve a sworn Notice of Lien within 90 days after its last day on site. Thanks to House Bill 4660—effective January 1, 2025 which amended 770 ILCS 60/24—Illinois now allows service by a nationally recognized delivery company with tracking service, in addition to certified mail return receipt requested with restricted delivery or personal delivery,. Keep a copy of the of all delivery receipts and proofs of delivery.

The Four-Month Recording Deadline

Under Section 7 of the Illinois Mechanics Lien Act, all claimants—including  general contractors, subcontractors and material suppliers—must record the lien with the county recorder within four months of the last date of work to maintain priority over mortgages, later deeds, or liens. Recording after four months (but before two years) still creates a lien, yet it will sit behind any subsequent encumbrance, wiping out leverage in a later foreclosure. Electronic recording is available in most counties and liens can also be recorded in person at the local county clerk or recorder’s office.

What to file:

• Verified claim describing the contract and work performed the amount due, and a “sufficiently correct” legal description of the property, state the last date of workm, identify the owner, mortgagees, general contractor and any upper tier contractors  The work must also be completed, with some minor exceptions.
• Notary acknowledgment—Liens in Illinois must be verified,

Failure on any element lets the recorder reject the filing and umtimely recorder can signficatnytl prejduice your rights;

Two Years to File Suit —Unless the Owner Accelerates It

A lien is valid for two years from the claimant’s last work. A foreclosure complaint must filed in circuit court where the property i located by that anniversary, or the lien no longer enforceable. Under Section 34 of the Illinois Mechanics Lien Acthowever, an owner may serve a 30-day demand that forces the claimant to sue sooner. If you ignore that demand and the lien is extinguished .  Setion 11 of the lien act dictates who are necessary ppartiues to the lawsuit – all parties in the chain of contract and in the chain of title.  Recent appellate decisions such as CB Construction & Design v. Atlas Brookview confirm judges will dismiss even sizable liens when the 30-day window is missed. 

Retainage Releases, Change Orders, and Waivers

Owners and lenders will not issue final payment until every signature line, sworn statement, and waiver lines up. Here are the three most common paperwork pitfalls that can quietly erase Illinois mechanic’s lien rights.

Retainage and Interim Waivers

General contractors must issue sworn statements identifying all lower-tier parties before receiving payment if requested by the owner. Releasing retainage without accurate statements can possibly wipe out subcontractor lien rights and expose the GC to personal liability for fraud or other causes of action. 

Change Orders

Change orders are for work outside the scope of the original contract. It is best practice that they be in writing and signed by all parties.  Change order disputes arise frequently in construction litigation They are much easier to prove if they are accepted by the necessary parties.

Conditional vs. Unconditional Waivers

Use conditional waivers tied to actual payment, not merely a promise. An unconditional waiver signed in advance extinguishes the lien and any other lien rights even if the check later bounces or the contractor is otherwise not paid.

Best Practices to Never Miss a Statutory Date

Statutory clocks start ticking the day you mobilize, and Illinois court enforce them to the letter. These workflow habits make sure every notice, recording, and lawsuit is filed on time.

• Automate reminders. Calendar 60-day deadline once you start, and 90-day, four month-, and two year milestones when you are finished with your work
• Document “last work.” This must be work under the contract itself – not warranty, touch up or punch list work.
• Engage counsel early. A seasoned mechanic lien attorney will review notice language and ensure service proofs meet evidentiary standards.

Call Grzymala Law Offices to Meet Every Illinois Mechanic’s Lien Deadline

Missed notices and late recordings drain leverage in minutes; precision timing backed by seasoned legal guidance preserves it. Grzymala Law Offices delivers end-to-end counsel for contractors and owners across Chicagoland, ensuring every 60-day notice, four-month recording, and two-year foreclosure suit is on the books—so cash keeps flowing and projects stay on schedule. 

Call 847.920.7286 or message us through our site to speak with a Chicago mechanics lien attorney.