Mechanic's Lien Deadlines & Notice Requirements in Illinois

At a glance

Requirements one by one

Who can claim

A direct agreement with the owner can make a claimant a contractor under 770 ILCS 60/1(a). Section 21(a) also gives lien rights to mechanics, workers, and others furnishing labor, services, materials, or equipment for the contractor; it does not set a fixed subcontract tier limit.

Preliminary notice

For an existing owner-occupied single-family residence, 770 ILCS 60/21(c) requires a subcontractor to notify the occupant within 60 days after first furnishing. The same provision says late notice preserves the lien only to the extent the owner was not prejudiced by payments made before receiving it.

Deadline to file the lien

Under 770 ILCS 60/7(a), a contractor must sue or record a lien claim within four months after completion to enforce it against a purchaser, creditor, or encumbrancer. A claim filed within two years after contract completion can still bind the owner. Separately, 770 ILCS 60/24(a) requires a subcontractor's written claim notice to the owner of record and known lender within 90 days after the subcontractor completes its contract.

Serving the lien on the owner

A contractor who records a lien for improvements to an owner-occupied single-family residence must give the owner written notice within ten days under 770 ILCS 60/7(d). If the delay causes damages before notice arrives, the lien is extinguished only to that extent; recording alone does not count as damage. The subcontractor's separate 90-day claim notice is described above.

Deadline to sue to foreclose

Under 770 ILCS 60/9, suit or a counterclaim is due within two years after completion of the contract or qualifying extra work. A written demand served under 770 ILCS 60/34(a) compresses the period to 30 days for suit or an answer in an existing case.

Homestead/residential extras

Before an owner pays the contractor on an owner-occupied single-family home, 770 ILCS 60/5(a)-(b) calls for a sworn list of parties furnishing work and amounts due, and a specified boldface notice from the contractor. The subcontractor's occupant notice and contractor's post-recording notice apply in addition.

What trips people up

The four-month recording period under 770 ILCS 60/7(a) protects against third parties; the two-year owner period does not restore that protection. The subcontractor's 90-day claim notice under § 24(a) is a separate step from recording the lien.

Common questions

Can the contractor's sworn statement replace my 90-day subcontractor notice? Yes, if the statement gives the owner notice of the amount due and to whom it is due. Under 770 ILCS 60/24(a), an incorrect amount protects the named subcontractor or material supplier only to the amount stated.

Does an honest mistake in the claimed amount defeat the lien? Under 770 ILCS 60/7(a), an error or overcharge does not defeat the proper amount unless made with intent to defraud.

Statutes and sources

The quoted provisions of 770 ILCS 60/0.01, 1, 5, 7, 9, 21, 24, and 34 link to the current Illinois General Assembly section pages and were checked October 6, 2026.