Emalfarb Law LLC - Illinois Mechanic Lien AttorneysEMALFARB LAW LLC

Unpaid Contractors in Illinois

Find the Right Payment Remedy for Your Illinois Project

Illinois law provides multiple paths to recover construction payments — but the right remedy depends on whether your project is public or private, your position in the contracting chain, and how much time has passed. Start here to identify your options.

Deadlines Are Running

Every payment remedy in Illinois has strict time limits. Subcontractors generally must send a Section 24 notice within 90 days (exceptions may apply). Lien claims must be recorded within 4 months. If you suspect nonpayment, act now — once a deadline passes, the remedy may be gone permanently.

Which Remedy Is Right for You?

The right approach depends on your role, the project type, and how much time has passed. An experienced construction attorney can evaluate your situation and recommend the best path forward.

Submit your project intake form

Tell us what happened and upload any key documents. An attorney will contact you right away to review your project and deadlines.

Not sure if your project is public or private? Read our guide to understand the distinction and how it affects your remedies.

Payment Remedies Explained

Mechanics Lien Filing

Private Projects

Record a claim for lien against the property where you furnished labor or materials. A mechanics lien encumbers the title and can force a sale to satisfy the debt. Available only on privately owned property.

Section 24 notice: 90 daysRecord lien: 4 monthsForeclose: 2 years
Filing process guide

Mechanics Lien Enforcement

Private Projects

Once a lien is recorded, enforcement means filing a foreclosure action in court. This compels resolution — property owners cannot sell, refinance, or ignore a properly recorded lien without addressing it.

File suit within 2 years of completionRespond to Section 34 demand: 30 days
Enforcement representation

Payment Bond Claim

Public & Private Projects

On bonded projects — public or private — the surety company guarantees the general contractor's payment obligations. A payment bond claim targets the surety, not the owner, and follows notice and suit procedures. Public project bonds are governed by 30 ILCS 550; private project bonds depend on the bond's terms.

Notice: varies by tierSuit: within statutory window
Bond claim guide

Lien on Public Funds

Public Projects

When public funds have not yet been fully disbursed to the general contractor, you may serve a notice to trap those funds under 770 ILCS 60/23. This is often used alongside or instead of a payment bond claim.

Notice before funds are disbursedSuit within 90 days of notice
Public funds guide

Demand Letter and Collections

All Projects

A formal demand letter from an attorney is often the first step in any payment recovery effort. It creates a written record of your claim, demonstrates seriousness, and frequently produces payment without the need for a lien or bond filing.

Send before lien deadlines passNo statutory time limit on demand itself
Demand letter guide

Already Know What You Need?

If you have already identified your remedy and need step-by-step guidance, these detailed guides walk through each process:

Contractor collections and payment recovery Securing construction receivables All lien deadlines by role Construction law compliance best practices

Frequently Asked Questions

The first question is whether your project is public or private. On private projects, mechanics liens are the primary remedy. On public projects, you must pursue a payment bond claim or a lien on public funds — mechanics liens are not available against government property. Your position in the contracting chain (GC, subcontractor, or supplier) determines the specific notice requirements.

In some situations, yes. For example, on a public project where a payment bond exists and public funds have not been fully disbursed, you may be able to pursue both a bond claim and a lien on public funds simultaneously. On private projects, you might send a demand letter while preserving your lien rights. An attorney can help you determine the right combination.

Waiting too long to act. Every payment remedy in Illinois has strict deadlines — 90 days for Section 24 notices, 4 months to record a lien, specific windows for bond claim notices. By the time many contractors consult an attorney, one or more deadlines have already passed. Act as soon as you suspect a payment problem.

You can send a demand letter yourself, but a letter from a construction attorney carries significantly more weight. It demonstrates that you understand your legal options and are prepared to follow through. It also ensures the letter includes the correct statutory references and preserves your position for any subsequent filings.

Timelines vary, but most lien foreclosure actions take several months to over a year to resolve, depending on whether the case settles or goes to trial. However, the filing itself creates immediate pressure — property owners cannot sell or refinance with a lien on the title, which often motivates settlement discussions.

Yes. Material suppliers have mechanics lien rights in Illinois, though the notice requirements differ depending on whether you contracted directly with the general contractor or with a subcontractor. Suppliers who furnish materials to a subcontractor generally must send a Section 24 notice within 90 days to preserve their lien claim, though exceptions may apply (e.g., parties listed on the GC's sworn statement under Section 5).

Bankruptcy complicates collection but does not necessarily eliminate your rights. A properly recorded mechanics lien attaches to the property — not the contractor — so it survives the contractor's bankruptcy. Payment bond claims target the surety company, which is a separate entity. Consult a construction attorney immediately if a party in your payment chain files for bankruptcy.

No. Illinois law does not impose a minimum dollar threshold for mechanics lien claims. However, the practical costs of filing and potentially litigating a lien should be weighed against the amount owed. For smaller amounts, a demand letter may be a more cost-effective first step.

See representative outcomes from our construction law practice on our construction law results page.

Related Topics

Before filing a lien or bond claim, consider sending a formal construction demand letter to trigger payment. To protect future projects proactively, review our guide to securing receivables in Illinois construction. For all collection strategies, visit our contractor collections hub.