Understanding Mechanics Liens in Illinois

What Is a Mechanics Lien?

A mechanics lien is a legal claim under Illinois law recorded against real property by someone who has furnished labor, materials, equipment, or other services to improve the property but has not been paid. When properly perfected, a mechanics lien attaches to the property itself and can prevent the sale or refinancing of the property until the lien is resolved.

Under the Illinois Mechanics Lien Act, a mechanics lien allows unpaid parties to assert a claim against the property itself - not just the person who failed to pay.

Because a mechanics lien clouds title, it is one of the most powerful tools available to contractors, subcontractors, and suppliers to secure payment for unpaid work.

Who Is Eligible to File a Mechanics Lien?

Generally, anyone who has provided labor, materials, or services to improve a property under a contract and has not been paid may have the right to file a mechanics lien in Illinois.

Common lien claimants include:

• General contractors
• Subcontractors
• Material suppliers

Lien rights may also extend to architects, engineers, project managers, landscapers, and interior designers, provided their work was used and incorporated into the property's improvement.

Eligibility can also depend on whether the project is residential or commercial, the contractual chain involved, and compliance with statutory notice requirements.

What Is the Criteria for a Mechanics Lien?

The right to file a mechanics lien is conditioned on several requirements, including:

• You must have a valid contract (written, oral, or implied)
• The contract must connect back to the property owner, either directly or through a contractual chain (such as through a general contractor or subcontractor)
• You must have substantially performed your contractual obligations
• The work performed must be considered lienable under Illinois law
• The work must have enhanced the value of the property
• You must be owed money for the labor, materials, or services provided

Even if these criteria are met, additional statutory notice requirements and strict deadlines may apply depending on your role and the type of project involved.

Do I Have to Send Notice Before Filing a Mechanics Lien?

It depends on who you contracted with. Notice requirements are one of the most common reasons mechanics liens are challenged or invalidated.

Direct contract with the owner: No advance notice is required before recording a lien.

No direct contract with the owner: Notice requirements apply, and failure to comply can jeopardize lien rights.

90-Day Notice: If you did not contract directly with the owner, you must serve a Notice of Claim for Lien on the owner (and typically the general contractor) within 90 days of your last date of work or material delivery.

60-Day Notice (Owner-Occupied Single-Family Homes): If the project involves an owner-occupied single-family residence and you do not have a contract with the owner, notice must be sent within 60 days of first furnishing labor or materials.

Missing a notice deadline does not always mean your lien rights are lost. There are exceptions, and many contractors misunderstand how notice timing actually works. If you believe a deadline may have been missed, contact us to determine whether enforceable lien rights still exist.

How Much Time Do I Have to File a Mechanics Lien in Illinois?

A mechanics lien must be recorded within two (2) years of the claimant's last date of work or delivery of materials. However, this is not the deadline you should rely on.

To preserve priority over subsequent purchasers and third-party lenders, a mechanics lien should be recorded within four (4) months of the last date of work or delivery.

Liens recorded after the four-month deadline may still be enforceable against the owner, but their priority, leverage, and overall value are significantly reduced.

We strongly recommend contacting an Illinois mechanics lien attorney no later than 60 days after your last date of work if payment remains outstanding.

Can I File a Mechanics Lien Without a Signed Contract?

Often, yes - but it depends.

Illinois does not require a written contract to support mechanics lien rights. Oral or implied agreements may qualify. However, proving the claim becomes more difficult without signed documents, particularly regarding scope of work, pricing and payment terms, authorization of extra work, and change orders and additions.

Supporting documentation such as invoices, emails, text messages, delivery tickets, photos, and payment applications often becomes critical.

If your lien is based on an oral or implied agreement, we can help evaluate the strength of your claim.

Does Filing a Mechanics Lien Guarantee I Will Get Paid?

No - but it significantly increases your chances.

A mechanics lien attaches to the property and clouds title, often halting sales, refinancing, or closings. This creates substantial pressure to resolve the balance owed, and many construction disputes settle after a lien is filed.

If payment still does not occur, the lien may need to be enforced through a foreclosure action. Proper preparation at the lien stage often prevents enforcement from becoming necessary.

Can a Property Owner Remove or Contest My Mechanics Lien?

Yes. Property owners often attempt to remove or contest mechanics liens, and Illinois law provides several ways to do so.

Because lien rights are governed by strict statutory requirements, owners frequently challenge liens based on technical defects such as improper notice, incorrect ownership information, inaccurate property descriptions, or missed deadlines. Even small errors can render a lien unenforceable.

Lien disputes also commonly develop into broader construction disputes involving payment issues, scope disagreements, or competing claims. How a lien is handled early can significantly affect leverage and resolution.

How Much Does It Cost for an Attorney to Prepare a Mechanics Lien?

Costs vary based on the complexity of the matter and the type of property involved. However, attorney-prepared liens are almost always far less expensive than the amount being protected.

Costs typically depend on factors such as the type of property, number of parcels involved, and whether statutory notices must be reviewed or corrected.

The risk of filing a defective lien often far outweighs the cost of professional preparation. We offer transparent pricing and prepare liens with precision to preserve your rights and leverage.

A Contractor Filed a Mechanics Lien Against My Property. What Should I Do?

Do not panic - but do not ignore it.

A mechanics lien clouds title and can interfere with refinancing, sales, and loan closings. The first step is determining whether the lien is valid. Many liens contain defects that can be challenged.

Depending on the circumstances, options may include negotiation, forcing enforcement, bonding over the lien, or seeking removal through legal procedures. We routinely review, challenge, and remove liens on behalf of property owners.

Can I Remove or Challenge a Mechanics Lien in Illinois?

Often, yes.

Mechanics liens must strictly comply with statutory requirements. Common defects include incorrect ownership, inaccurate property descriptions, missing last dates of work, and notice failures.

Even valid liens can sometimes be neutralized or bonded over to clear title. We regularly identify weaknesses in liens and develop strategies to remove or resolve them efficiently.

How Does a Mechanics Lien Affect Selling or Refinancing Property?

Once recorded, a mechanics lien appears on title searches and creates a cloud on title, which typically prevents lenders and title companies from moving forward with a transaction.

As a result, buyers may hesitate or walk away, lenders may pause or deny financing, and title companies often refuse to insure the transaction until the lien is addressed and title issues are resolved.

That said, a lien does not automatically stop a sale or refinance - it forces action. In many cases, effective strategies exist to resolve the lien and keep closings and refinancing on track.

How Long Does a Mechanics Lien Stay on Title?

A mechanics lien remains on title until it is released, bonded off, or removed by court order.

Under Illinois law, a lien claimant must file a lawsuit to enforce the lien within two years of the claimant's last date of work. If the lien is not enforced within that period, it becomes unenforceable - but it does not automatically disappear from title records.

As a result, even expired liens can continue to create a cloud on title, disrupting sales, refinancing, and closings until the issue is formally addressed.

I Paid My Contractor, But They Didn't Pay the Subcontractor. Now What?

Even if you paid your contractor in full, an unpaid subcontractor or supplier may still have mechanics lien rights.

Whether you owe anything depends on notices, lien waivers, sworn statements, and compliance with statutory deadlines. In some cases, owners can be forced to pay twice for the same work.

This situation is common - but manageable. We routinely defend owners and help prevent unnecessary or duplicate payments. Early legal guidance is critical, as improper payment can eliminate statutory defenses.