Liening a Public Project in Illinois: Why Bond Claims Are Your Remedy

Working on a public project in Illinois brings high stakes—and sometimes, even higher payment risks. Unlike private jobs, where mechanics lien provide a direct line to compensation, public projects operate under a different set of rules. Contractors and suppliers must rely on bond claims, not liens, to ensure they get what they’ve earned. Missing this crucial detail can put your company’s revenue at risk and leave you footing the bill. Don’t risk costly mistakes or missed deadlines on your next public job. Reach out to Grzymala Law Offices for clear, experienced guidance on protecting your public project payments from day one.

Why Mechanics Liens Do Not Attach to Public Projects

The Illinois Mechanics Lien Act provides powerful protection for contractors, subcontractors, and suppliers working on private property. A properly filed mechanics lien in Illinois puts a hold on the property title until you get paid, giving you real leverage. However, government-owned property cannot be subject to a mechanics lien—not by a contractor, supplier, or anyone else. The public policy behind this is simple: public land and buildings are owned by all taxpayers, and can’t be tied up in private disputes.

If you try to file a mechanics lien against a public building, it will not be enforceable. This applies to all levels of government—state, county, city, and even school districts. The courts have consistently upheld this rule, confirming that contractors and suppliers working on public projects must use different methods to secure payment. For any company working in Chicagoland or surrounding counties, consulting with the best Illinois bond claims lawyer before you begin work is crucial. Relying on the wrong remedy can cost you both time and money.

What Is a Bond Claim?

On Illinois public construction projects, mechanics liens simply don’t apply—public property cannot be encumbered by private payment disputes. Instead, Illinois law mandates a different protection: the payment bond. Under the Illinois Public Construction Bond Act (30 ILCS 550/), general contractors must secure a payment bond for the benefit of all subcontractors, laborers, and material suppliers working on the project. This bond acts as a form of insurance, ensuring that anyone who provides work or materials has a financial safety net if the general contractor defaults or goes out of business.

When a dispute arises and payment is withheld, a contractor or supplier does not file a mechanics lien Illinois form—instead, they assert a bond claim against the surety company backing the bond. This process involves strict statutory deadlines: claimants typically must provide written notice of their unpaid balance within 180 days of their last work or material delivery, and may need to file a lawsuit to enforce the claim within one year of project completion. Any misstep can result in a lost recovery. That’s why partnering with an experienced Illinois bond claims attorney is critical to maximizing your payment.

How Bond Claims Work on Public Projects

Making a bond claim involves several detailed steps. First, you must confirm that a valid payment bond exists for your project. Most Illinois public entities require the general contractor to submit a payment bond as part of the project paperwork, and you have the right to request a copy.

Next, if you have not been paid, you must send a written notice of your claim to both the general contractor and the public agency. In Illinois, this usually must be done within 180 days of your last work or delivery of materials. The notice should be detailed and must comply with the statutory requirements. After notice, if you’re still unpaid, you must file a lawsuit to enforce your rights under the bond, typically within one year of the project’s completion.

Bond claims differ from mechanics lien Illinois procedures, and even experienced contractors sometimes make costly errors. A seasoned bond claim attorney can help gather your documentation, track deadlines, and ensure your claim is legally sound.

Illinois Public Project Payment Solutions With Grzymala Law Offices

When it comes to public construction projects in Illinois, mechanics liens won’t protect your interests—but a properly executed bond claim will. Grzymala Law Offices combines deep construction law experience with practical solutions for businesses across Chicagoland and beyond. Secure your payment rights today—contact us to put a skilled Illinois bond claims lawyer in your corner.