How to Challenge a Mechanics Lien Claim in Illinois: Common Defects and Legal Strategies

A mechanics lien recorded against your property can stop a sale, block refinancing, and tie up capital indefinitely. For property owners, developers, and lenders in Chicago and throughout Illinois, an invalid or defective lien claim can create serious problems - even when the underlying claim has no merit.

The good news: Illinois courts strictly construe the Mechanics Lien Act (770 ILCS 60). Lien claims that fail to comply with the statute's precise requirements are vulnerable to challenge and often cannot withstand scrutiny once properly contested.

Understanding the common defects that invalidate mechanics liens - and how to challenge them strategically - can help you clear title, protect your transaction, and eliminate weak claims efficiently.

Why Illinois Mechanics Liens Are Easy to Challenge

The Illinois Mechanics Lien Act is a byzantine statute with strict technical requirements. It was first drafted in 1825, and while it has been amended over the years, it remains one of the most unforgiving lien statutes in the country.

Nearly two centuries of judicial interpretation have added layers of requirements that are not even stated in the statute itself. For instance, the Act does not explicitly require a lien to state the last date of work - but Illinois courts have held that it is required anyway.

This complexity works in favor of property owners and lenders. When lien claimants make even minor errors - wrong dates, incorrect property descriptions, missed deadlines - the entire lien can be invalidated. In our experience, a significant number of mechanics liens recorded in Cook County contain at least one technical defect that can be used to challenge the claim.

The Most Common Grounds to Challenge Mechanics Liens in Illinois

1. Incorrect or Incomplete Property Description

The Requirement: Section 7 of the Illinois Mechanics Lien Act requires an accurate description of the property, including the street address and Permanent Identification Number (PIN).

Common Defects:

• Wrong PIN number listed
• Incorrect street address
• Property subdivided after lien filed, making legal description inaccurate
• Multiple parcels not properly identified
• Missing or transposed digits

Why It Matters: If the property description is wrong, a title search might not reveal the lien. Illinois courts have held that this defeats the purpose of the lien system - which is to provide notice through recorded documents. Ambiguous or incorrect property descriptions often invalidate the entire lien.

Strategy: Pull the recorded lien and compare it against the actual property records. Even a single-digit error in a PIN can be grounds for dismissal. In our experience, PIN errors are one of the most common and most straightforward defects to identify.

2. Missed Deadlines (The Four-Month Rule)

The Requirement: To have priority over third parties like lenders or purchasers, a lien must be recorded within four months of the claimant's last date of work.

Common Defects:

• Lien recorded on day 121 (four months can mean different things depending on which months)
• Last date of work incorrectly stated, making the filing late
• Confusion between "four months" and "120 days"

Why It Matters: A lien recorded after the four-month deadline may still be valid against the property owner, but it loses priority over mortgages and other recorded interests. For a lender or purchaser, this can make the lien effectively unenforceable.

Strategy: Determine the claimant's actual last date of substantive work (not warranty work, punch list items, or trivial repairs). If the lien was recorded more than four months after that date, challenge priority. Request documentation proving when work actually ended. For more on how Illinois courts determine the last date of work, see our post on what counts as the last date of work on a mechanics lien.

3. Failure to State the Last Date of Work

The Requirement: Although the statute does not explicitly require it, Illinois courts have held that a lien must state the completion date - the last day the claimant performed substantive work.

Common Defects:

• No completion date listed
• Completion date listed but clearly wrong (e.g., March 7, 1987 instead of 1989)
• Vague statement like "work ongoing" without specific date

Why It Matters: Without a completion date, a third party (like a lender) cannot determine whether the lien was timely filed. Courts have invalidated liens for this reason, even when the underlying claim was legitimate.

Strategy: If the lien does not state a last date of work - or states an obviously incorrect one - move to dismiss based on failure to meet statutory requirements.

4. Incorrect Party Names

The Requirement: The lien must correctly identify the property owner and the parties to the contracts from which the lien springs.

Common Defects:

• Wrong owner name (property held by LLC, but lien names individual)
• Property held in land trust, but lien names trustee incorrectly
• Signature block identifies wrong party as claimant
• Corporate name misspelled or outdated (company changed names)

Why It Matters: Mechanics liens attach to specific property interests held by specific parties. If the wrong party is named, the lien may fail to attach at all because Illinois law requires precise identification of the record owner whose interest is being encumbered.

Strategy: Verify ownership through a title report. If the lien names anyone other than the actual record owner, challenge on grounds of failure to identify necessary parties. In our experience, this defect comes up frequently in Chicago where properties are often held in land trusts or through LLCs, and lien claimants do not always check the chain of title before recording.

5. Missing or Defective 90-Day Subcontractor Notice

The Requirement: Under Section 24 of the Illinois Mechanics Lien Act, subcontractors not in direct contract with the owner must serve a 90-day notice to the owner and any known lender within 90 days of their last date of work.

Common Defects:

• Notice sent on day 91 (subcontractors often confuse 90 days with three months)
• Notice not sent to lender
• Notice sent by regular mail instead of certified mail, return receipt requested, restricted delivery
• Notice contains insufficient information

Why It Matters: Failure to properly serve a 90-day notice can invalidate a subcontractor's lien entirely - even if the work was properly performed and payment is owed.

Strategy: If you are challenging a subcontractor's lien, request proof of service of the 90-day notice. Check: Was it sent within 90 days (not three months)? Was it sent to the correct parties? Was it sent via the statutorily required method? If any element is missing or defective, the lien may be invalid.

6. Overstated Lien Amount

The Requirement: Section 7 requires the lien to state the balance due and give credit for all payments received.

Common Defects:

• Lien amount includes work not yet performed
• Claimant received partial payment after filing but did not amend lien
• Lien includes non-lienable items (interest, attorney fees, mobilization costs)
• Amount includes work on different projects

Why It Matters: While minor overstatement is not always fatal, a knowing and intentional overstatement can invalidate the entire lien - and potentially subject the claimant to fraud claims.

Strategy: Review the claimant's invoices, payment applications, and any payments made. If the lien amount does not match the actual unpaid balance for lienable work, challenge on grounds of overstatement.

7. Inadequate Description of Contract or Work Performed

The Requirement: The lien must contain a "brief statement" of the contract and describe the work performed.

Common Defects:

• Description too vague ("construction services")
• Work described does not match the contract scope
• Contract date misstated or omitted
• No distinction between original contract work and change orders

Why It Matters: The lien must provide enough information for a third party reviewing the records to understand what work was done and under what agreement. Vague or inconsistent descriptions can be grounds for dismissal.

Strategy: Compare the lien's description of work to the actual contract (if available). If the description is materially inconsistent or impossibly vague, move to dismiss.

8. Work Not Substantially Completed or No Valid Excuse for Non-Completion

The Requirement: A lien claimant must have substantially completed the work - or have a legally valid reason for not completing it (such as non-payment or termination by owner).

Common Defects:

• Claimant abandoned project with no valid reason
• Claimant breached contract before completion
• Claimant failed to provide owner with required sworn statement before stopping work

Why It Matters: A contractor cannot lien for work it failed to complete due to its own default. If the claimant walked off the job or breached the contract, it may have no lien rights - even for work actually performed.

Strategy: Review project records to determine whether the claimant completed its scope or had a valid reason for stopping. If the claimant was in breach, challenge the validity of the entire lien.

9. Defective Work or Failure to Perform in Workmanlike Manner

The Requirement: Implied in every construction contract is a warranty that work will be performed in a workmanlike manner. Defective work may not support a valid lien.

Common Defects:

• Claimant's work failed inspection
• Work did not comply with plans and specifications
• Owner documented defects and claimant refused to cure

Why It Matters: If the work is defective and the defect is the claimant's fault (not the result of defective plans), the claimant may not be entitled to lien - even for completed work.

Strategy: Document defects with photos, inspection reports, and correspondence. If you can prove the work was not performed in a workmanlike manner, you may defeat the entire lien claim.

10. Improper Verification

The Requirement: Section 7 requires the lien claim to be verified - meaning it must be sworn to under oath by the claimant or an authorized agent. The verification must be made by a person with actual knowledge of the facts stated in the lien.

Common Defects:

• Verification signed by someone without authority to act on behalf of the claimant
• Verification not notarized or improperly notarized
• Verification made by an attorney or office manager with no personal knowledge of the work performed

Why It Matters: An improper verification can be a fatal defect. In Tefco Construction Co. v. Continental Community Bank & Trust Co., 357 Ill.App.3d 714 (1st Dist. 2005), the First District Appellate Court held that a mechanics lien claim lacking a proper verification is unenforceable, reinforcing that strict compliance with Section 7 is mandatory. Courts have also dismissed liens where the person signing the verification lacked authority or personal knowledge of the underlying facts.

Strategy: Check who signed the verification and in what capacity. If the person lacked authority to verify on behalf of the claimant entity, or if the verification was not properly notarized, the lien may be subject to dismissal.

11. Ambiguities or Internal Inconsistencies in the Lien Document

The Requirement: The lien document must be internally consistent - party names, amounts, dates, and descriptions must match throughout.

Common Defects:

• Last date of work stated differently in two places
• Amount due in one section does not match amount due in another
• Claimant identified differently in opening vs. signature block

Why It Matters: Illinois courts have invalidated liens for internal inconsistencies, reasoning that ambiguous documents fail to provide adequate notice.

Strategy: Read the lien document carefully. Look for any inconsistencies in dates, amounts, party names, or property descriptions. Even minor discrepancies can be grounds for challenge.

Additional Grounds to Challenge Mechanics Liens

Beyond the common defects listed above, other grounds for challenging mechanics liens in Illinois include:

• Two-year foreclosure deadline: A lien claimant must file suit to foreclose the lien within two years of completing the work. If the claimant misses this deadline, the lien becomes unenforceable regardless of whether the underlying claim has merit. This is one of the most common ways liens expire on their own.
• Lien filed for non-lienable work: Maintenance, repairs that do not improve the property, and work on fixtures not intended to be permanent are generally not lienable under the Act.
• Owner-occupied single-family residence issues: Subcontractors working on owner-occupied residential projects must serve a 60-day notice to the owner within 60 days of beginning work. Failure to do so bars the lien.
• Home Repair and Remodeling Act violations: On residential projects over $1,000, contractors must comply with the Illinois Home Repair and Remodeling Act (815 ILCS 513), which requires a written contract, a "Know Your Consumer Rights" brochure, and insurance disclosures. Contractors who fail to comply with these requirements may face challenges to their lien rights, and owners may have counterclaims for statutory damages.
• Improper service of notices: Notices sent by fax or regular mail instead of the statutorily required certified mail may be defective.
• Work performed without owner's knowledge or consent: In some cases involving spouses or agents, the owner may not have authorized the work that gave rise to the lien.
• Amendment filed too late: Amending a lien after the four-month deadline can destroy priority against third parties.
• Lien foreclosure suit filed in wrong county: The suit must be filed in the county where the property is located.

Strategic Considerations When Challenging Mechanics Liens

Move Quickly

Mechanics liens create leverage through uncertainty and disruption. The longer a lien sits on title, the more pressure it creates. Challenge invalid liens immediately to prevent the lien from interfering with financing or sales, show you are serious about defending the claim, and force the claimant to either prove validity or release.

Demand Proof

Under Section 34 of the Illinois Mechanics Lien Act, a property owner can demand that a lien claimant file suit to enforce the lien within 30 days - or forfeit it. This is a powerful tool to call a bluff. If you serve a Section 34 demand and the claimant does not sue within 30 days, the lien is automatically forfeited. In our experience, a Section 34 demand works best when the lien is for a relatively low amount or the claimant's case is weak. In those situations, the economics of pursuing the claim often do not justify the cost of litigation.

Bond Over the Lien (If Necessary)

If you need to close a sale or refinance immediately, Illinois law allows you to post a bond equal to 175% of the lien amount under Section 38.1. This removes the lien from the property and substitutes the bond. The lien claimant can still pursue the claim - but against the bond, not the property. For more on bonding and other removal options, see our post on removing a mechanics lien in Illinois.

Caution: Bonding over a lien should be strategic. If the lien is invalid, you may not want to spend money on a bond when you could defeat the claim entirely.

Coordinate with Title and Escrow

Unresolved liens discovered during closing can derail transactions. Work closely with title companies and escrow agents to identify liens early, assess validity, and negotiate releases or pursue challenges before closing deadlines.

When to Hire a Mechanics Lien Attorney

If you are facing a mechanics lien claim in Chicago or anywhere in Illinois, do not assume the claim is valid just because it is recorded.

A construction attorney experienced in Illinois mechanics lien law can review the lien for technical defects, research title and ownership issues, challenge invalid liens through formal demands or litigation, negotiate releases or settlements when appropriate, and coordinate bonding strategies if needed.

Many defects are not obvious to non-lawyers. The statute's complexity - combined with decades of case law adding unwritten requirements - means that even liens that appear facially valid may be fatally flawed.

The Bottom Line

The Illinois Mechanics Lien Act is strict, technical, and unforgiving. For lien claimants, this means perfect compliance is required. For property owners and lenders, it means weak or defective liens can often be defeated entirely - if you know what to look for.

If a mechanics lien is clouding your title, blocking a transaction, or creating leverage you do not believe is justified, do not wait. Have the lien reviewed by an experienced Illinois construction attorney to determine whether it can be challenged and removed.

For more information, visit our Mechanics Liens practice area page, our Mechanics Lien FAQ, or read our related post on removing a mechanics lien in Illinois.