Illinois Lien Law Punchlist (Public)

NOTICE REQUIREMENTS

  • There are no notice requirements to preserve the right to file a claim in Illinois on public projects.

THE MECHANIC’S LIEN

  • Referred to as a “Notice of Claim.”    The Notice of Claim is not a mechanic’s lien on the property (as public property in IL cannot be liened). Instead, it is a lien on the project’s funds.
  • There is no deadline to file Public Notices of Claim. However, the Notice will only be enforceable / effective as to funds that have not yet been paid by the Public Agency to the Prime Contractor.    The earlier the notice is filed, therefore, the more likely there will be funds to lien.
  • Suit to enforce a public Notice of Claim must be brought within 90 days of its filing.

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