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].