Illinois Compiled Statutes
770 ILCS 60/9 (2026)
If payment shall not be made to the contractor having a lien by virtue of this act of any amount due when the same becomes due, then such contractor may bring suit to enforce his lien in the circuit court in the county where the improvement is located, and in the event that the contract relates to two or more buildings or two or more lots or tracts of land, then all of said buildings and lots or tracts of land may be included in one complaint
✓ current as of May 2026
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(770 ILCS 60/9)
(from Ch. 82, par. 9)
Sec. 9.
If payment shall not be made to the contractor having a lien by
virtue of this act of any amount due when the same becomes due, then such
contractor may bring suit to enforce his lien in the circuit court
in the county where the improvement is
located, and in the event that the contract relates to two or more
buildings or two or more lots or tracts of land, then all of said buildings
and lots or tracts of land may be included in one complaint.
Any two or more persons having liens on the same property may join in
bringing such suit, setting forth their respective rights in their
complaint; all lien claimants not made parties thereto may upon
filing a petition to intervene become defendants and enforce their liens
by counterclaim against all the parties to the suit;
and the complaint shall not thereafter be dismissed as to
any lien claimant, or as to the owner or owners of the premises
without the consent of such lien claimant. The plaintiff and
all defendants to such complaint may contest each other's right
without any formal issue of record made up between them other than that
shown upon the original complaint, as well with respect to the
amount due as to the right to the benefit of the lien claimed: Provided,
that if by such contest by co-defendants any lien claimants be taken by
surprise, the court may, in its discretion, as to such claim, grant a
continuance. The court may render judgment against any party summoned and
failing to appear, as in other cases of default. Such suit shall be
commenced or counterclaim filed within two years after the completion of the
contract, or completion of the extra or additional work, or furnishing of
extra or additional material thereunder.
(Source: P.A. 79-1358.)
Notes of Decisions
Cited in 20
cases (6 in the last 5 years), 1994–2025 · leading case: Norman A. Koglin Assocs. v. Valenz Oro, Inc., 680 N.E.2d 283 (Ill. 1997).
Norman A. Koglin Assocs. v. Valenz Oro, Inc., 680 N.E.2d 283 (Ill. 1997). “770 ILCS 60/9 (West 1992). The circuit court denied Barnard’s motion.”
Norman A. Koglin Assocs. v. Valenz Oro, Inc., 659 N.E.2d 971 (Ill. App. Ct. 1995). “Such suit shall be commenced or counterclaim filed within two years after the completion of the contract, or completion of the extra or additional work, or furnishing of extra or additional material thereunder.”
Airtite v. DPR Ltd. P'ship, 638 N.E.2d 241 (Ill. App. Ct. 1994). “" (770 ILCS 60/9 (West 1992).) Perhaps a Federal court has jurisdiction over mechanic's lien cases, but not a Federal court in a district other than where the improvement is located.”
Young v. Wilkinson, 2022 IL App (4th) 220302 (Ill. App. Ct. 2022). “The danger in choosing not to bring any permissive counterclaim is that resolution of the earlier litigation may bar the later suit via res judicata, but only if the second suit might nullify the results of the first.”
Onsite Eng'g & Mgmt., Inc. v. Illinois Tool Works, Inc., 744 N.E.2d 928 (Ill. App. Ct. 2001). “The two motions contained essentially the same arguments, namely that: (1) Onsite lacked the legal capacity to file suit due to the revocation of its certificate of authority and, as such, its complaint was a legal nullity that did not toll the two-year statute of limitations…”
Behl v. Gingerich, 920 N.E.2d 665 (Ill. App. Ct. 2009). “” 770 ILCS 60/9 (West 2006). Section 7 requires a contractor to file a suit, or to record a lien claim, within four months after completion of the work so as to give third parties dealing with the property notice of the existence, nature, and character of the lien.”
G.M. Fedorchak & Assocs., Inc. v. Chicago Title Land Trust Co., 822 N.E.2d 905 (Ill. App. Ct. 2005). “770 ILCS 60/9 (West 2002). The legal capacity to foreclose a mechanic’s lien depends upon the validity of the lien.”
Petroline Co. v. Advanced Env't Contractors, Inc., 711 N.E.2d 1146 (Ill. App. Ct. 1999). “770 ILCS 60/9 (West 1994). The Act requires that interested parties be joined in a suit to foreclose a lien.”
Braun-Skiba, Ltd. v. La Salle Nat'l Bank, 665 N.E.2d 485 (Ill. App. Ct. 1996). “Asa final matter, defendant argues that this court should find that plaintiff failed to join defendant within two years of the completion date; that it did not intervene properly because it sought to do so under section 2 — 428 of the Illinois Code of Civil Procedure (735 ILCS…”
CB Constr. & Design, LLC v. Atlas Brookview, LLC, 2021 IL App (1st) 200924 (Ill. App. Ct. 2021). “” 770 ILCS 60/9 (West 2018). However, in cases where no suit has been filed, the property owner may issue a demand to file suit to enforce the lien under section 34.”
CB Constr. & Design, LLC v. Atlas Brookview, LLC, 2021 IL App (1st) 200924 (Ill. App. Ct. 2021). “” 770 ILCS 60/9 (West 2018). However, in cases where no suit has been filed, the property owner may issue a demand to file suit to enforce the lien under section 34.”
Portage Park Capital, LLC v. A.L.L. Masonry Constr. Co., 2024 IL App (1st) 240344 (Ill. App. Ct. 2024). “” 770 ILCS 60/9 (West 2022). In the early 1900s, the Illinois Supreme Court made clear that this section granted the circuit court exclusive jurisdiction to enforce a mechanic’s lien.”
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