Illinois contractors and subcontractors who are not getting paid lean on the Mechanics Lien Act. The clocks are short against third parties, and a written demand to sue can wipe a lien in thirty days if you ignore it.
This Illinois pillar covers the Mechanics Lien Act notice and recording deadlines, and how Darkwell funding can help carry a business claim of $10,000 or more.
Quick note: Darkwell funds legal claims. We’re not a law firm and this isn’t legal advice. Talk with a licensed attorney in your state about your claim and your deadlines. Illinois law controls Illinois projects, so confirm every notice, lien claim, and suit deadline with a licensed Illinois attorney. We are not an Illinois law firm, we are not Illinois-licensed attorneys, and we do not give legal advice. Illinois regulates consumer legal funding separately under its Consumer Legal Funding Act, which requires a license. This page is about business claims. Darkwell reviews Illinois business claims state by state.
Owed $10,000 or more on an Illinois job? Request a free claim review.
Illinois Mechanics Lien Act clocks
- Subcontractor written notice. Subs and parties furnishing labor or materials shall, within 90 days after completion of their contract (or after extra work), provide written notice of the claim to the owner of record (or agent/architect/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).
State disclaimer for Illinois funding
Illinois has been described in industry surveys as allowing commercial claim funding while separately licensing consumer legal funding. Darkwell reviews Illinois business claims state by state during underwriting. See where we fund. We do not pitch licensed consumer legal funding on this page.
When funding helps
If the balance is large, the other side is well funded, 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 an Illinois unpaid invoice, that can mean funding the lien enforcement or 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 in states that require a collection license, including Colorado.
Common questions
How long does an Illinois sub have to send notice? Generally within 90 days after completion of the subcontract, under 770 ILCS 60/24. Confirm with an Illinois attorney.
What is a Section 34 demand? A written demand that requires you to sue (or answer) within 30 days or forfeit the lien, under 770 ILCS 60/34.
Does Darkwell control my case? No. Your attorney handles the case and the legal strategy. Darkwell provides funding.
Sources
Reminder: Darkwell provides litigation funding. Darkwell does not buy or collect consumer debt in states that require a collection license, including Colorado. We are not a law firm and do not give legal advice. Illinois law controls Illinois projects, so confirm every notice, lien claim, and suit deadline with a licensed Illinois attorney. Nothing on this page promises funding, approval, or any particular result.
Illinois job 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: Commercial Claim Funding · Contractor Not Getting Paid · Subcontractor vs. GC Claim Funding · Where We Fund