Contractors, sub contractors, and materials suppliers in the state of Illinois should be familiar with existing lien law deadlines, statutes of limitations, and other important filing and notice requirements. Adhering to these dates and requirement is essential in securing your rights to file lien claims on a given property in the event of non-payment following work or supplying materials.
No preliminary notice to lien is required by primary contractors in the state of Illinois. Claims for mechanics lien must be verified and recorded by primary contractors within four (4) months following the end of a given work order to successfully contest claims by third parties, as well as the owner. Primary contractors may successfully file claims of lien against actual owner only up to two (2) years following completion of work order. Actions to foreclose on a given mechanics lien must be recorded, alongside a lis pendens notice, no more than two (2) years after the completion of the original project in dispute. If the owner makes demand against lien claims and primary contractors in form of suit, primary contractor has thirty (30) days to file action to foreclose on mechanics lien.
In a different pattern than primary contractors, sub contractors are required by law to file preliminary notice when providing services to a one (1) family, owner occupied primary residence no more than sixty (60) days after the first date of starting work or providing materials.
In order to make claim of liens, sub contractors are required by law to serve notice to owners or any agent of the owner within ninety (90) days of the finishing of a given project. A verifiable claim of the mechanics lien has to be recorded within four (4) months after final date on jobsite in order to prevail over third party interests in a given property, and in order to prevail over primary owner, sub contractors must file lien within two (2) years to prevail over original owner of project. Foreclosure actions to enforce a mechanics lien requires filing with a lis pendens notice before two (2) years after the last date of supplying work or materials, or within thirty (30) days if owner or interested third party files suit against sub contractor.
Material suppliers, or materialmen, involved in a project with a single family, owner-occupied residence must serve occupant notice of preliminary right to claim lien no more than sixty (60) days after first date of providing materials to project.
In order to make claims on a lien, materials suppliers must serve owners of a project written notice within ninety (90) days of intent to lay claim to lien, in the same manner as sub contractors must do. This includes verified mechanics lien claims being recorded within four (4) months of last date of supplying to project for third parties and owner, or within two (2) years for owners exclusively. Actions to enforce the mechanics lien must be made within two (2) years alongside a lis pendens notice, unless owner or other third party files suit, which requires a response of intent to enforce action on mechanics lien within thirty (30) days.
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