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Public Property Lien Timing Requirements
Liens on public property in Illinois that is owned by a state or municipality are governed by Section 23 of the Illinois Mechanics Lien Act (770 ILCS 60/23).
Note, if the project in question involves federal property, this section does not apply, but other relief may be available.
In addition, it is important to determine whether the improvement was for a local public body or the State of Illinois, as the requirements vary.
One considering a lien on appropriated funds under Section 23 should keep the following time limits in mind:
  • Lien is perfected by sending a notice of lien
  • Notice of lien must be sent to the proper governmental official
  • Appropriated funds must not have been paid at time notice is received
  • Claimant must file an accounting lawsuit within 90 days after notice is given
  • Failure to timely file accounting lawsuit results in forfeiture of the lien
  • Contractor may send demand to file accounting suit within 30 days of demand
  • Failure to file accounting suit within 30 days of demand results in forfeiture of lien