Chicago Contractor Not Getting Paid? Illinois Lien Clocks and Funding

You finished the Chicago job and the check never came. The Illinois Mechanics Lien Act gives contractors and subs real leverage, but the clocks against third parties are short, and a written demand to sue can wipe a lien in 30 days.

This guide covers the Illinois clocks for Chicago jobs, Cook County recording and courts, and how Darkwell funding can help carry a business claim of $10,000 or more. For the full state picture, see the Illinois contractor not paid pillar.

Owed $10,000 or more on a Chicago job? Request a free claim review.

Cook County recording and circuit court

• Cook County Clerk Recordings Division. Illinois lien claims are filed with the county recorder. In Cook County, the Clerk’s Recordings Division records and maintains land records; the Clerk’s office is at 118 N. Clark Street, Chicago (Cook County Clerk Recordings).
• Circuit Court of Cook County. The court has a Law Division and a Chancery Division, with courthouses that include the Richard J. Daley Center. Your Illinois attorney picks the right division for a lien foreclosure or contract suit (cookcountycourtil.gov).

Illinois Mechanics Lien Act clocks (Chicago projects)

• Subcontractor written notice. Subs and parties furnishing labor or materials must, within 90 days after completion of their contract (or after extra work), give written notice of the claim to the owner of record (or agent, architect, or superintendent) and to the lending agency if known (770 ILCS 60/24).
• Contractor claim vs. third parties. To enforce against other creditors, encumbrancers, or purchasers, a contractor generally must sue or file a verified claim for lien with the county recorder within 4 months after completion (770 ILCS 60/7).
• As to the owner. As to the owner, a claim may be filed within 2 years after completion of the contract (or extra work) under the same section (770 ILCS 60/7).
• Section 34 suit demand. On a proper written demand, suit must be commenced or an answer filed within 30 days, or the lien is forfeited (770 ILCS 60/34).

Do not ignore a Section 34 demand

If an owner serves a written Section 34 demand, you have 30 days to sue or answer, or the lien is forfeited. Send any demand to your Illinois attorney the day it arrives.

When funding helps

If the claim is real, the other side is stalling, and counsel costs are the bottleneck, funding can help carry attorney and case costs while your attorney runs the case.

How Darkwell helps

Legal costs are often what stops a good claim. Darkwell helps carry them. On a Chicago unpaid invoice, that can mean funding the lien enforcement or the contract suit.

• We help carry the cost. Darkwell funding helps pay for the case, so your operating cash stays in your business.
• We bring attorneys we know. Darkwell has a network of attorneys we know. They help keep costs down while still pursuing the claim. The claim moves forward with an attorney from our network, or your current attorney where it fits.
• Your attorney handles the law. We don’t run your case or choose your legal strategy. Your attorney does that.
• You make a clear decision. The goal is to take the stress out of the fight and make the smart financial decision about your claim.

What to send for a claim review

• Contract or subcontract, and change orders
• Invoices, pay applications, and payment history
• Job address and the owner, GC, or customer name
• Photos, daily logs, and delivery tickets
• Any notices, lien filings, or bond information
• Your attorney’s contact, if you have one
• Any Section 24 notices or Section 34 demands you received or sent

How we get paid

Our fee comes out of the recovery, not your pocket. If there’s no recovery, you don’t repay our funding. Your written agreement sets the exact terms.

Where we work and claim size

We fund business claims, and individual and consumer claims in some states, reviewed state by state where the law allows. We confirm your state during review. See where Darkwell funds claims.

In select cases, we may purchase a business claim outright, where state law allows.

We review claims of $10,000 or more, subject to review and approval by our team.

Darkwell does not buy or collect consumer debt.

Common questions

Where is an Illinois lien claim filed for a Chicago job? With the recorder of the county where the property sits, under 770 ILCS 60/7. In Cook County, recordings are handled by the Cook County Clerk’s Recordings Division.

How long does a Chicago sub have to send notice? Generally within 90 days after completion of the subcontract, under 770 ILCS 60/24.

Does Darkwell control my case? No. Your attorney handles the case and the legal strategy. Darkwell provides funding.

Sources

• 770 ILCS 60/24
• 770 ILCS 60/7
• 770 ILCS 60/34
• Cook County Clerk: Recordings
• Circuit Court of Cook County
• Illinois Contractor Not Paid

Chicago job still unpaid at $10,000 or more? Request a free claim review. Send what you have, and you’ll get a response from our team.

Related reading: Illinois Contractor Not Paid · Commercial Claim Funding · Subcontractor vs. GC Claim Funding · Where We Fund