State Information | Illinois - RCS Preliminary Lien Services, LLC

This is an overview of the state's statutory approach to lien law and what contractors might want to focus on to ensure lien rights are established timely, correctly, and effectively.

While we are happy to provide this guide as a quick reference, we HIGHLY encourage that you work with a construction attorney to help you with your particular circumstances in our complex construction lien law environment.

Illinois Quick Overview

Pursuant code	770 ILCS 60/0.01 et seq.
Prelien required for private / commercial projects	Yes
Prelien required for public projects	No
IL statutory relief	Unpaid balance
Lien milestone event	Last furnishing / last invoice
Lien enforcement deadline	1 to 3 years
Waivable lien rights	No
Supplier to supplier rights	Likely yes
Prelien document name(s)	—
Prelien minimum information	Amount due or to become due, identification of project and parties, and a statement of intent to claim a lien.
Prelien minimum notifications	Owner, owner's agent, architect, superintendent, lending agency
Prelien recording requirement	No
Prelien notarized	No

Understanding the Prelien Process on Construction Projects in Illinois by Role

Preliminary notice is not required for prime contractors. Subcontractors and material suppliers must serve notice of their claim within 90 days of completion (or 60 days from first furnishing on single-family, owner-occupied homes). Failure to serve may limit lien rights.

Prime / Original / General Contractors (GCs): Private/Commercial: No preliminary notice is required for prime contractors.
Subcontractors / Trade Partners (Subs): Private/Commercial: Subcontractors must serve written notice of the claim and amount due on the owner, agent, architect, superintendent, and lending agency within 90 days of last furnishing. For single-family, owner-occupied residences, this must be done within 60 days of first furnishing.
Second-tier subcontractors: Private/Commercial: Same as subcontractor; must serve notice on appropriate parties within the same timeframe.
Lower-tier subcontractors: Private/Commercial: Same as above. Lower-tier subcontractors must ensure notice is served within applicable timeframes.
Material suppliers: Private/Commercial: Material suppliers must serve notice on owner, agent, architect, superintendent, and lender within 90 days of delivery, or 60 days from first delivery for single-family, owner-occupied residences.
Equipment lessors: Private/Commercial: Treated similarly to material suppliers; should follow same notice requirements.
Second-tier material suppliers: Private/Commercial: Follow notice rules for material suppliers. Timing and recipients remain the same.

Possible Exceptions, Special Circumstances, and Caveats in Illinois

Owner Occupied Residential: Notice must be served within 60 days of first furnishing to single-family, owner-occupied residences.

Residential: Additional timing requirement (60-day rule) for single-family, owner-occupied residences.

Mechanic's Liens in Illinois

In Illinois, a verified mechanics lien must be recorded within 4 months after completion of the work to prevail over third parties. A subcontractor must serve written notice of the claim within 90 days after completion of work, and material suppliers within 90 days of supplying materials. For single-family owner-occupied residences, notice must also be given to the occupant within 60 days of first furnishing. Enforcement actions must be filed within 2 years after project completion, or within 30 days of a written demand from the owner.

Bond Claims in Illinois

On public projects, mechanic's lien rights are typically replaced by bond claim rights. Bond claim notice and enforcement timelines can vary by project type and bond language, so coordinate with your construction attorney to confirm the correct deadline and required notice path.

Construction Lien Waivers in Illinois

Required format: Illinois does not require any specific statutorily required verbiage to be valid but be sure to check with your constuction attorney and consult any relevant state statutes.

Required notarization: Illinois does not require waivers to be notarized.

Illinois permits lien waivers and requires contractors to furnish a sworn statement listing subcontractors and amounts due. These sworn statements can limit lien rights of subcontractors or suppliers if the amounts listed are incorrect and not timely contested.

Learn more about waivers here, including the when and how to use various types of waivers, the difference between a Lien Waiver and a Lien Release, what to look for before signing, and more.

As a client, you'll have free access to our system that easily creates statutorily correct lien waivers.
Through our technology partner Prelien Pro, you can also access best-in-class lien waiver management software, allowing you to easily track, collaborate, and share lien waivers with all your trade partners.

Assessors’ websites in Illinois counties

Most often, the county Assessor’s office is the go-to resource for online lien-related information for construction project parcels—ownership records, special warranty deeds, and more. Counties that we’ve not yet found online (those with “*”) link to a Google search for your convenience.

We set the standard for the construction industry

Not only do we provide the tools, knowledge, and team to help you feel confident your rights are secured—we’re prepared for the trenches and ready to coordinate with your legal team when things “go sideways” on a project.

Our Guide to Preliens, Waivers, Mechanic’s Liens, and Bond Claims in Illinois