Lien deadlines · Illinois

Illinois mechanics lien deadlines: notice, lien and suit (2026)

By Oussama Chicha, EditorUpdated Checked against primary sources · not yet reviewed by a licensed professionalFact-checked
Quick answer

Direct contractor: lien filing as to the owner, 2 years after the contract, or any extra work, is completed, or any extra labor, services, material, fixtures, apparatus or machinery, forms or form work is furnished under it (770 ILCS 60/7(a)); deadline to sue, 2 years after the contract, or the extra or additional work, is completed, or extra or additional material is furnished under it (60/9).

Illinois · Lien deadlinesVerified 2026-10-01
Lien filing
Against or to the prejudice of any other creditor or incumbrancer or purchaser: Direct contractor: 4 months after completion, or the completion of extra or additional work or the final delivery of extra or additional labor, services, material, fixtures, apparatus or machinery, forms or form work, occurs; As to the owner: Direct contractor: 2 years after the contract, or any extra work, is completed, or any extra labor, services, material, fixtures, apparatus or machinery, forms or form work is furnished under it; Subcontractor, Sub-subcontractor, Supplier, Laborer: Within the same limits as to time the statute provides for the contractor in Section 7 and Sections 9 to 20.
Preliminary notice
Subcontractor, Sub-subcontractor, Supplier, Laborer: Within 90 days after the claimant's own contract is completed, or after completion of extra or additional work or final delivery of extra or additional material.
Deadline to sue
Direct contractor: 2 years after the contract, or the extra or additional work, is completed, or extra or additional material is furnished under it; Subcontractor, Sub-subcontractor, Supplier, Laborer: Within the same limits as to time the statute provides for the contractor in Section 7 and Sections 9 to 20.

Preliminary notice

WhoProject typeBranchDeadlineStatute
Subcontractor, Sub-subcontractor, Supplier, LaborerAnyDefaultWithin 90 days after the claimant's own contract is completed, or after completion of extra or additional work or final delivery of extra or additional material.Statute: 770 ILCS 60/24(a)
What the statute says about it. Delivery: The notice is served when it is placed with the delivery service or in the mail.
Subcontractor, Sub-subcontractor, Supplier, LaborerAnyFor work on an existing owner-occupied single family residence60 days after first furnishingStatute: 770 ILCS 60/21(c)
What the statute says about it. A notice given after 60 days preserves the lien only to the extent the owner has not been prejudiced by payments made before receiving it.
shall within 90 days after the completion thereof, or, if extra or additional work or material is delivered thereafter, within 90 days after the date of completion of such extra or additional work or final delivery of such extra or additional material, cause a written notice of his or her claim and the amount due or to become due thereunder, to be provided to the owner of record or the owner of record's agent or architect, or the superintendent having charge of the building or improvement and to the lending agency, if known
770 ILCS 60/24(a) · Official text · text captured 2026-04-09
Notice shall be considered served at the time the written notice is placed with the delivery service or in the mail.
770 ILCS 60/24(a) · Official text · text captured 2026-04-09
It shall be the duty of each subcontractor who has furnished, or is furnishing, labor, services, material, fixtures, apparatus or machinery, or forms or form work for an existing owner-occupied single family residence, in order to preserve the subcontractor's lien
770 ILCS 60/21(c) · Archived copy of the official text, captured 2026-04-09
to notify the occupant either personally or by certified mail, return receipt requested, addressed to the occupant or the occupant's agent of the residence within 60 days from the subcontractor's first furnishing labor
770 ILCS 60/21(c) · Official text · text captured 2026-04-09
any notice given after 60 days by the subcontractor shall preserve the subcontractor's lien, but only to the extent that the owner has not been prejudiced by payments made prior to receipt of the notice
770 ILCS 60/21(c) · Official text · text captured 2026-04-09

Lien filing

WhoProject typeBranchDeadlineStatute
Direct contractorAnyAgainst or to the prejudice of any other creditor or incumbrancer or purchaser4 months after completion, or the completion of extra or additional work or the final delivery of extra or additional labor, services, material, fixtures, apparatus or machinery, forms or form work, occursStatute: 770 ILCS 60/7(a)
What the statute says about it. A contractor that neither files the claim for lien nor brings an action within this time may not enforce the lien against or to the prejudice of any other creditor, encumbrancer or purchaser.
Direct contractorAnyAs to the owner2 years after the contract, or any extra work, is completed, or any extra labor, services, material, fixtures, apparatus or machinery, forms or form work is furnished under itStatute: 770 ILCS 60/7(a)
Subcontractor, Sub-subcontractor, Supplier, LaborerAnyDefaultWithin the same limits as to time the statute provides for the contractor in Section 7 and Sections 9 to 20.Statute: 770 ILCS 60/28
(a) No contractor shall be allowed to enforce such lien against or to the prejudice of any other creditor or incumbrancer or purchaser, unless within 4 months after completion, or if extra or additional work is done or labor, services, material, fixtures, apparatus or machinery, forms or form work is delivered therefor within 4 months after the completion of such extra or additional work or the final delivery of such extra or additional labor, services, material, fixtures, apparatus or machinery, forms or form work, he or she shall either bring an action to enforce his or her lien therefor or shall file in the office of the recorder of the county in which the building, erection or other improvement to be charged with the lien is situated, a claim for lien
770 ILCS 60/7(a) · Archived copy of the official text, captured 2026-04-09
as to the owner may be filed at any time after the contract is made and within 2 years after the completion of the contract, or the completion of any extra work or the furnishing of any extra labor, services, material, fixtures, apparatus or machinery, forms or form work thereunder
770 ILCS 60/7(a) · Archived copy of the official text, captured 2026-04-09
then such person may file a claim for lien or file a complaint and enforce such lien within the same limits as to time and in such other manner as hereinbefore provided for the contractor in Section 7 and Sections 9 to 20 inclusive, of this Act
770 ILCS 60/28 · Official text · text captured 2026-04-09

Service of the lien

WhoProject typeBranchDeadlineStatute
Direct contractorAnyFor improvements of an owner-occupied single-family residence10 days after the lien is recordedStatute: 770 ILCS 60/7(d)
What the statute says about it. If timely notice is not given and the owner suffers damages as a result before notice is given, the lien is extinguished to the extent of the damages. Recipients: The owner.
A contractor for improvements of an owner-occupied single-family residence must give the owner written notice within 10 days after recording a lien against any property of the owner.
770 ILCS 60/7(d) · Official text · text captured 2026-04-09
If timely notice is not given and, as a result, the owner has suffered damages before notice is given, the lien is extinguished to the extent of the damages.
770 ILCS 60/7(d) · Archived copy of the official text, captured 2026-04-09

Deadline to sue

WhoProject typeBranchDeadlineStatute
Direct contractorAnyDefault2 years after the contract, or the extra or additional work, is completed, or extra or additional material is furnished under itStatute: 770 ILCS 60/9
Direct contractor, Subcontractor, Sub-subcontractor, Supplier, LaborerAnyAfter a written demand of the owner, lienor, a recorder under Section 3-5010.8 of the Counties Code, or any person interested in the real estate, or their agent or attorney, requiring suit to be commenced or answer to be filed in a pending suitSuit commenced, or answer filed in a pending suit, within 30 days after the demand is served.Statute: 770 ILCS 60/34(a)
What the statute says about it. If suit is not commenced or an answer filed within that time, the lien is forfeited.
Subcontractor, Sub-subcontractor, Supplier, LaborerAnyDefaultWithin the same limits as to time the statute provides for the contractor in Section 7 and Sections 9 to 20.Statute: 770 ILCS 60/28; 770 ILCS 60/9
Such suit shall be commenced or counterclaim filed within two years after the completion of the contract, or completion of the extra or additional work, or furnishing of extra or additional material thereunder.
770 ILCS 60/9 · Official text · text captured 2026-04-09
Upon written demand of the owner, lienor, a recorder under Section 3-5010.8 of the Counties Code, or any person interested in the real estate, or their agent or attorney, served on the person claiming the lien, or his agent or attorney, requiring suit to be commenced to enforce the lien or answer to be filed in a pending suit, suit shall be commenced or answer filed within 30 days thereafter, or the lien shall be forfeited.
770 ILCS 60/34(a) · Archived copy of the official text, captured 2026-04-09
then such person may file a claim for lien or file a complaint and enforce such lien within the same limits as to time and in such other manner as hereinbefore provided for the contractor in Section 7 and Sections 9 to 20 inclusive, of this Act
770 ILCS 60/28 · Official text · text captured 2026-04-09

How the days are counted

The day of the event is not counted, and the last day of the period is.

The time within which any act provided by law is to be done shall be computed by excluding the first day and including the last,
5 ILCS 70/1.11 · Archived copy of the official text, captured 2025-05-02

A last day that falls on a Saturday, a Sunday or a legal holiday moves to the next day that is not one.

unless the last day is Saturday or Sunday or is a holiday as defined or fixed in any statute now or hereafter in force in this State, and then it shall also be excluded. If the day succeeding such Saturday, Sunday or holiday is also a holiday or a Saturday or Sunday then such succeeding day shall also be excluded.
5 ILCS 70/1.11 · Archived copy of the official text, captured 2025-05-02

Who the deadlines apply to

The contractor rules name the direct contractor only. They are two lien filing periods in Section 7(a), one stated against other creditors, encumbrancers and purchasers and one stated as to the owner; for improvements of an owner-occupied single-family residence, a notice to the owner under Section 7(d) after the lien is recorded; and the suit period of Section 9 [1] [2].

The subcontractor rules name subcontractors, sub-subcontractors, suppliers and laborers. Their rules are a notice under Section 24(a), a separate notice under Section 21(c) for work on an existing owner-occupied single family residence, and filing and suit periods that Section 28 borrows from the contractor's limits [1] [2].

One rule names every role: the period after a written demand to sue or to answer in a pending suit, under Section 34(a) [2].

How the contractor's periods run

Both of the direct contractor's filing periods run from the events their labels name, and they differ in whom they reach. Section 7(a) says a contractor that neither files a claim for lien nor brings an action within 4 months after completion, or the completion of extra or additional work or the final delivery of extra or additional labor, services, material, fixtures, apparatus or machinery, forms or form work, occurs [2] may not enforce the lien against or to the prejudice of any other creditor, encumbrancer or purchaser. As to the owner, the same subsection states a longer period, 2 years after the contract, or any extra work, is completed, or any extra labor, services, material, fixtures, apparatus or machinery, forms or form work is furnished under it [2].

For the direct contractor's suit, Section 9 sets 2 years after the contract, or the extra or additional work, is completed, or extra or additional material is furnished under it [1].

For improvements of an owner-occupied single-family residence, Section 7(d) adds a notice that goes to the owner, due 10 days after the lien is recorded [1].

How the subcontractor's periods run

The Section 24(a) notice runs from events in the claimant's own contract: Within 90 days after the claimant's own contract is completed, or after completion of extra or additional work or final delivery of extra or additional material. [1] Since the event belongs to the claimant's own contract, this rule has no counted date.

For work on an existing owner-occupied single family residence, Section 21(c) sets a notice to the occupant at 60 days after first furnishing [1].

Filing and suit for these roles come through Section 28, which points back to the contractor's limits [1]. The filing rule and the suit rule each read Within the same limits as to time the statute provides for the contractor in Section 7 and Sections 9 to 20. [1] The statute does not say whose completion starts the count for a subcontractor. The two-year figure is stated in Section 9 [1]; Section 28 incorporates it without restating it.

After a demand to sue

The owner, the lienor, a recorder under Section 3-5010.8 of the Counties Code or any person interested in the real estate, or their agent or attorney, may demand in writing that suit be commenced or an answer filed in a pending suit [2]. Section 34(a) then sets Suit commenced, or answer filed in a pending suit, within 30 days after the demand is served. [2]

Counting the days

5 ILCS 70/1.11 leaves the first day out of the count and counts the last day [3]. A final day that lands on a Saturday, a Sunday or a holiday drops out, and the day after it drops out too when it is also one of those days [3]. The holidays come from other Illinois statutes, and the Promissory Note and Bank Holiday Act, 205 ILCS 630/17, is one of them [4].

What changed recently

Sections 5, 21 and 24 of the Act were amended by P.A. 103-827, effective January 1, 2025 [1]. Earlier changes reached section 7 through P.A. 96-654, effective January 1, 2010, and section 34 through P.A. 100-1061, effective January 1, 2019 [1].

Related

Lien deadlines: other states

Sources

  1. 770 ILCS 60, Mechanics Lien Act, Illinois General Assembly (retrieved 2026-09-30)
  2. 770 ILCS 60, Mechanics Lien Act, Illinois General Assembly (archived copy, captured 2026-04-09)
  3. 5 ILCS 70/1.11, Illinois General Assembly (archived copy, captured 2025-05-02)
  4. 205 ILCS 630/17, Illinois General Assembly (archived copy, captured 2025-03-11)

Changelog

  1. : Page published.
  2. : Dataset first published: 9 of 51 jurisdictions published.