How to File a Mechanics Lien in Illinois: How an Attorney Can Help

A mechanics lien gives contractors, subcontractors, and suppliers a security interest in the property they improved. Under the Illinois Mechanics Lien Act, you must (1) furnish labor or materials, (2) have a valid contract—written or oral—with the owner or a higher-tier contractor, and (3) perfect the lien through strict notice and filing rules. Missing any element can void the claim, which is why many businesses rely on an experienced Illinois mechanics lien lawyer in the first place.

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The Eight-Step Filing Timeline

Failing to meet criteria means the path to a mechanics lien in Illinois may be unavailable. To help you understand the process, here’s a step-by-step guide outlining the key actions and deadlines involved in filing a mechanics lien in Illinois.

1. Confirm Lien Eligibility (Day 0)
   Make sure you furnish labor or materials under a valid contract—written or oral—on private property located in Illinois. Public projects use a bond claim and a lien on funds instead of a lien against the real estate. If the job involves a residence worth more than $1,000, also have a written agreement that satisfies the Illinois Home Repair and Remodeling Act.
2. Mark Your Last Furnishing Date (Day 1)
   The clock starts the moment you finish work or deliver the final materials. All notices and filings count backward from this date, so record it in your project file immediately.
3. Serve the 90-Day Notice (By Day 90)
   Subcontractors and suppliers must server a notarized “Notice of Claim for Lien” to the owner, lender, and owner’s agent within 90 days of last furnishing. Send it by certified mail, return-receipt requested or by overnight carrier; courts strictly enforce proof of service.
4. Prepare the Claim for Lien (By Day 90)
   Draft a sworn statement that includes:

• Legal name and address of each party
• Precise property description pulled from the recorder’s index
• Contract price, unpaid balance, and dates of work
• Signature before a notary public
• A description of the contract
• The last date of work

1. Record with the County Recorder (Within 4 monts of the last date of work)
   File the Claim for Lien in the recorder of deeds office for the county where the property sits—for example Cook, Lake, McHenry, Kane, Will, or any other Illinois county. Recording fees vary, so check the local schedule beforehand.
2. Mail the Recorded Claim (Within 10 Days of Recording with respect   to residential property)
   Send a stamped copy of the recorded lien to the owner and anyone else entitled to notice. This extra step preserves lien priority over later mortgages.
3. Enforce the Lien in Court (Within 2 Years of the last date of work)
   If payment still has not arrived, start a foreclosure lawsuit before the two-year statute expires. The court can order a sheriff’s sale of the property, with proceeds applied to the lien and accrued interest.
4. Release the Lien Upon Payment
   Once funds clear, record a Release of Lien to clear title and avoid owner penalties

Missing even one deadline can void the lien entirely. Many Chicagoland contractors hire our skilled Illinois mechanics lien lawyer to track dates, draft notices, and file suits so no technicality erodes their right to be paid.

The Importance of a Chicago Mechanics Lien Attorney

Perfecting a lien is more than filling out a form—it is a tactical move that reshuffles payment priorities among lenders, owners, and fellow subcontractors. An experienced Chicago mechanics lien attorney first audits your contract to be sure it fits the Act, then verifies the legal description to prevent a legal-description challenge.

Counsel coordinates notice mailings to beat the 90-day clock, records the claim in the correct county on the first attempt, and—should negotiations stall—files a foreclosure action that can shift attorney’s fees to the owner under 770 ILCS 60/17. Because a flawless lien often prompts immediate settlement, engaging an Illinois mechanics lien attorney turns a stack of unpaid invoices into secured collateral, freeing your working capital for the next bid.

Grzymala Law Offices has spent 45 years guiding contractors, suppliers, and design-build firms through every stage of the process; if your company needs a decisive advocate, call us to speak with a seasoned mechanic lien attorney who understands mechanics liens, the Illinois Mechanics Lien Act, and the financial realities of construction in the greater Chicago market.

Next Steps for Contractors and Suppliers

Unpaid work erodes profit margins and strains supplier relationships; Grzymala Law Offices has protected Chicagoland contractors for more than four decades—leveraging the Illinois Mechanics Lien Act, the Illinois Home Repair and Remodeling Act, and decisive courtroom action to turn paper promises into actual dollars—contact us today to protect your bottom line.