Illinois Sees Significant Changes in 2025 for Mechanics’ Liens

 Posted on May 23, 2025 in Business Law

Significant changes regarding how Illinois subcontractors can deliver lien notices began on January 1, 2025. The Illinois Mechanics Lien Act governs liens across the state, and the updated law is expected to provide clearer timelines and more flexible delivery options. The updates also reinforce the process that protects lien rights.

Whether you are a homeowner with a mechanic’s lien on your property or a contractor or subcontractor who needs to ensure all legal requirements are met when filing a mechanic’s lien, it can be beneficial to speak to a Glen Ellyn, IL civil litigation attorney who will work with you to negotiate a resolution to lien disputes.  

What Is a Mechanic’s Lien?

Mechanic’s liens are specific to the construction industry. Unpaid parties with a security interest in a property can file a mechanic’s lien, which guarantees payment to contractors and subcontractors in the event the property is sold. Mechanic’s liens are sometimes necessary to secure construction help on a project.

The lien remains in force until the project is completed and all construction personnel have been paid in full. Mechanic’s liens extend to suppliers of building materials and generally have a higher priority than other forms of debt. A potential buyer can see there is a lien in place when performing a title search.

What is the Current Process of a Mechanic’s Lien Delivery?

Under Illinois Statute 770 ILCS 60/24, subcontractors in the state must provide a Notice of Intent to Lien within 90 days of the last date they furnished labor or materials for a project. While the notice itself is fairly straightforward, the delivery method is burdensome. The notice must be personally served or mailed with a return receipt requested.

Delivery is limited only to the addressee. However, there are instances where the addressee might not be available at the time of delivery, or the addressee might simply refuse to sign for the certified mail piece, calling into question whether the person actually received notification.

How Did the Process of Mechanics’ Lien Deliveries Change?

Under HB 4660, which took effect on January 1, subcontractors now have these delivery procedures available when serving notice of a mechanic’s lien:

• The lien can be delivered personally by handing it to the owner or his or her agent.
• The lien can be sent via USPS certified mail, return receipt, but delivery access that is restricted only to the addressee is no longer required.
• The lien can be delivered by a nationally recognized delivery company with tracking service, such as DHL, UPS, or FedEx.

The biggest change is that other people can sign for or accept the lien on behalf of the person it is meant for. Further, allowing other delivery services that offer tracking makes it easier to determine exactly when the notice is delivered. In the past, missed USPS deliveries or the inability to deliver the notification resulted in unenforceable liens.

These new delivery methods make it much more likely that a subcontractor’s lien will be upheld. The new law also clarifies that as soon as the notice is placed with the delivery service or in the mail, it is considered "served." This helps subcontractors comply with the 90-day lien-filing timeline.

Contact a DuPage County, IL Mechanic’s Lien Attorney

Those filing a mechanic’s lien should keep a comprehensive project file with a detailed timeline of work completed, any correspondence with the contractor or property owner, change orders, and payment requests. It is wise to speak to a Wheaton, IL mechanic’s lien lawyer from NN Legal Group to ensure there are no mistakes in the paperwork or delivery of the lien. To schedule your free consultation, call 630-474-0925. Hablamos Espanol.