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Lien waivers by state · Illinois

Illinois lien waiver requirements

Illinois is a non-statutory state

Illinois does not prescribe a mandatory statutory lien-waiver form or specific waiver language — waivers may be freely worded so long as they reflect the parties' express agreement, and they are enforceable on those terms. The Mechanics Lien Act does, however, void contract provisions purporting to waive lien rights in advance of work (770 ILCS 60/1(d)). Conditional and unconditional, partial and final waivers are all permitted.

Statute: Illinois Mechanics Lien Act, 770 ILCS 60/ (see 770 ILCS 60/1(d) re: waiver of lien rights; 770 ILCS 60/7 & 60/9 re: filing/enforcement deadlines)

Illinois lien waiver forms

The four standard waiver-and-release types and Illinois’s rules for each.
Waiver type	Statutory form?	Notarized?
Conditional waiver and release on progress payment
Unconditional waiver and release on progress payment
Conditional waiver and release on final payment
Unconditional waiver and release on final payment

Requirements at a glance

Notarization: Notarization is not required for an Illinois lien waiver to be effective, though a party (e.g., a title company or lender) may request it by agreement.
Mandatory statutory language: Illinois does not require any specific statutory language for a lien waiver to be enforceable; the waiver need only reflect the parties' express agreement. (Separately, the Act requires certain disclosure/notice language in some residential contexts, but that is not waiver-form language.)
Electronic signatures accepted

Key Illinois deadlines

Preliminary / pre-lien notice: No general preliminary notice is required for general contractors or for subcontractors on commercial projects. On owner-occupied single-family residences, a subcontractor must notify the occupant within 60 days of first furnishing labor or materials.
Notice of intent to lien: Subcontractors and suppliers (sub-tier parties) must serve a 90-day notice on the owner and lender within 90 days of last furnishing labor/materials to preserve lien rights. General contractors contracting directly with the owner are exempt.
Mechanics lien filing deadline: Record the lien within 4 months of last furnishing labor/materials to be effective against third parties (lenders, encumbrancers, purchasers); within 2 years to be effective against the original owner. Suit to enforce (foreclose) must be filed within 2 years of last work.

Illinois lien waiver FAQ

Does Illinois require a specific lien waiver form?

No. Illinois does not require a specific or statutory lien waiver form. A waiver is enforceable as long as it reflects the parties' express agreement; it can be conditional or unconditional, partial or final.

Do lien waivers need to be notarized in Illinois?

No. Illinois does not require lien waivers to be notarized to be effective, though a title company or lender may request notarization by agreement.

Can lien waivers be signed electronically in Illinois?

Yes. Electronic signatures are valid on Illinois lien waivers under the Illinois Uniform Electronic Transactions Act (815 ILCS 333), which gives electronic signatures the same legal effect as handwritten ones.

What is the deadline to file a mechanics lien in Illinois?

Record the lien within 4 months of your last work to be effective against third parties (lenders, purchasers); you have up to 2 years to record against the original owner. A suit to enforce the lien must be filed within 2 years of last furnishing labor or materials.