MECHANICS LIENS Timing Requirements Illinois
Sub-Contractors:
Notice must be served within ninety (90) days from the last day of having supplied labor or materials. The Mechanics Lien itself must be recorded within four months from the last day of having supplied labor or materials.
Note: Owner Occupied, Single Family Dwellings: The Sub-Contractor must serve his notice of lien within sixty (60) days from the FIRST day of providing labor or materials to said job site. Sub-Contractor should still follow the above 90 day procedure to perfect his lien rights.
General Contractors and Original Contractors: A 90 Day Notice is not required. However you must file or record your mechanics lien within four months from last day of work (not 120 days!) in the County Recorder of Deeds in the County where the material or labor were furnished.
Liens Against Public Funds (State Funded or Local Projects)
There is no set time limit on serving notice to the appropriate State or Local Sub Division. Obviously, the sooner you file your notice the better, as it provides the state body with greater opportunity to withhold funds from the General Contractor. However, once notice is served upon the State, you must file suit for an accounting of your money within ninety (90) days from the date of having served notice.
Public Bond Claims
Notice must be filed within 180 days from the last day having supplied materials or labor. Once notice is given, suit can be brought 120 days after the last day of having supplied materials or labor. Conversely, suit must be brought within six (6) months after acceptance of the work or materials from the State or local body.
Federal Bond Claims
Notice must be served to the General Contractor within ninety (90) days from the last day of having supplied materials or labor. Suit must be brought within one (1) year from the last day of having supplied materials or labor.
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