Filing deadline

Claim for lien is recorded with the Recorder of Deeds where the property lies. An original contractor's lien is effective against all parties (lenders, buyers) only if recorded within 4 months of last lienable work; recording within 2 years still binds the original owner, but a sale in the interim defeats it. The chapter states a subcontractor must record its lien within 90 days after completion of its last lienable work. Blanket liens across related parcels under one contract are allowed.

Notice prerequisites

No pre-work notice for original contractors or subs generally, but two subcontractor notices are critical. (1) On an existing owner-occupied single-family residence, a sub must notify the occupant within 60 days of FIRST furnishing labor/materials; late notice caps the lien at what the owner still owes after payments already made. (2) All subs (any tier) must serve a Subcontractor's Notice of Intention to File Mechanic's Lien within 90 days of last furnishing, personally or by registered/certified mail (delivery restricted to addressee) on the owner (or owner's architect/agent) and prudently on lenders, which requires a title search; recording with the recorder substitutes only for out-of-county or unlocatable parties. The notice caps the lien at its face amount, later work needs a new/amended notice, and the notice is excused only to the extent the sub appears with an amount due on the Contractor's Sworn Statement.

Service on the owner

For subs the pre-lien 90-day notice regime is the key service step (personal or registered/certified restricted-delivery mail to owner/agent/architect, plus lenders); after proper notice the owner must withhold the noticed amount, and payments made in violation give the owner no credit.

Enforcement

Foreclosure suit within 2 years of completion of the lienable work, in the county where the property lies, joining the full contract chain, all interest holders, and unknown owners/parties with 3 weeks' newspaper publication; a lis pendens must be recorded or the suit does not bind subsequent interests. Any interested person can serve a Section 34 demand compelling suit within 30 days on pain of forfeiture; a claimant who is paid or misses a demand must release within 10 days of written demand or owe $2,500 plus fees.

770 ILCS 60/1 et seq. (Illinois Mechanic's Lien Act), esp. §§ 5, 7, 21, 24, 28, 32, 34, 38.1