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We have a client with a few projects with outstanding balances, almost half of which have a last shipment date outside of 90 days.

IllinoisLien DeadlinesMechanics LienPayment Disputes

We have a client with a few projects with outstanding balances, almost half of which have a last shipment date outside of 90 days.

1 reply

Oct 17, 2017
In Illinois, missing the general 90-day deadline may not be the end of the world in the attempt to recover those invoices through the lien process. The 90-day deadline is the deadline for the highest level of protection, but if the improved property hasn't been sold, there may still be time.

The date by which a mechanics lien is filed in Illinois determines against whom the lien is effective. To be effective against all parties, including subsequent purchasers, the lien must be filed within 4 months of the completion of the overall project. To be effective against the original owner only, however, the lien must be filed within 2 years of the completion of the last lienable work on the project.

If work was furnished within the last 2 years, and the property hasn't been sold, a mechanics lien enforceable against the owner may still be filed.

Note, however, that any required "preliminary" notice deadlines still apply, depending on project role.
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