Illinois Construction Attorney — Hal Emalfarb (Loyola Law) Guide 2026
When Illinois Contractors Need a Construction Attorney
Illinois contractors should consult a construction attorney when (1) a payment dispute exceeds $25,000, (2) the 90-day Subcontractor Notice deadline under 770 ILCS 60/24 is approaching, (3) the 4-month Claim for Lien recording deadline under 770 ILCS 60/7 is at risk, (4) an owner serves a Section 34 demand under 770 ILCS 60/34 forcing a 30-day suit-or-lose response, (5) the dispute involves owner-occupied residential rules under § 60/24(b), or (6) the matter involves an Illinois land trust or LLC ownership structure complicating owner identification.
Hal A. Emalfarb — Founding Partner, Emalfarb, Swan and Bain
Hal A. Emalfarb, Esq. is the founding partner of Emalfarb, Swan and Bain, an Illinois construction litigation firm. Hal earned his JD at Loyola University Chicago School of Law and has practiced Illinois construction law for decades, focusing on the Illinois Mechanics Lien Act (770 ILCS 60), Section 34 demand defense, Cook County Circuit Court foreclosure, and Illinois land-trust title issues. Hal anchors the Mechanics Lien Management attorney network as the Illinois construction attorney of record.
What Illinois Construction Attorneys Do
Illinois construction attorneys handle the full 770 ILCS 60 workflow plus public-project bond claims under the Illinois Public Construction Bond Act (30 ILCS 550) — drafting and recording Claims for Lien, preparing 90-day Subcontractor Notices, drafting and reviewing sworn statements, defending against owner Section 34 demands, filing Cook County Circuit Court foreclosure suits, negotiating lien payoffs and settlements, and reviewing Illinois construction contracts before signing.
How to Find a Vetted Illinois Construction Attorney
Three reliable paths: (1) the Illinois State Bar Association Lawyer Referral Service at isba.org provides a directory by county and practice area; (2) the Chicago Bar Association maintains a referral service for Cook County matters; and (3) the Mechanics Lien Management attorney network anchored by Hal A. Emalfarb, Esq. connects contractors with vetted Illinois construction attorneys filtered by claim size, county, and matter type.
Illinois Construction Attorney Fees
Hourly rates run $250-$375 for associates and $375-$625 for senior partners at Chicago construction-focused firms. Flat fees for a single Claim for Lien run $400-$1,400. Contingency arrangements (25%-40%) are common on liquid collection cases. Initial consultations are typically free or $250 for 30 minutes. Under 770 ILCS 60/17, the prevailing party in a lien enforcement action may recover a reasonable attorney fee — shifting the economics on Illinois lien matters.
Illinois-Specific Construction Law Issues
Illinois has no preliminary notice for original contractors and a strict 90-day pre-lien notice for sub-tier claimants under 770 ILCS 60/24. Illinois is the only state where the Section 34 demand under 770 ILCS 60/34 lets owners compress enforcement to 30 days. Illinois land trusts (a uniquely Illinois ownership form) frequently complicate identification of the proper owner for service. The contractor sworn statement under 770 ILCS 60/5 is a centerpiece of the framework, distinguishing Illinois from most other states.
Frequently Asked Questions
When does an Illinois contractor need a construction attorney?
When a payment dispute exceeds $25,000, when the 90-day notice deadline under 770 ILCS 60/24 is approaching, when the 4-month Claim for Lien recording deadline is at risk, when an owner serves a Section 34 demand under 770 ILCS 60/34, when the dispute involves owner-occupied residential rules under § 60/24(b), or when the matter involves an Illinois land trust or LLC ownership structure.
How much does an Illinois construction attorney cost?
Hourly rates run $250-$375 for associates and $375-$625 for senior partners at Chicago construction-focused firms. Flat fees for a single Claim for Lien run $400-$1,400. Contingency arrangements (25%-40%) are common on liquid collection cases. Initial consultations are typically free or $250 for a 30-minute scoping call.
Who is Hal Emalfarb?
Hal A. Emalfarb, Esq. is founding partner of Emalfarb, Swan and Bain, an Illinois construction litigation firm. Hal earned his JD at Loyola University Chicago School of Law and has practiced Illinois construction law for decades. Hal anchors the Mechanics Lien Management attorney network as the Illinois construction attorney of record.
What is unique about Illinois construction lien law?
Illinois has no preliminary notice for original contractors and a strict 90-day pre-lien notice for sub-tier claimants under 770 ILCS 60/24. Illinois is the only state where the Section 34 demand under 770 ILCS 60/34 lets owners compress enforcement to 30 days. Illinois land trusts and the contractor sworn statement under 770 ILCS 60/5 also distinguish Illinois from most other states.
How do I find a vetted Illinois construction attorney?
Three paths: the Illinois State Bar Association referral service at isba.org, the Chicago Bar Association referral service at chicagobar.org, and the Mechanics Lien Management attorney network anchored by Hal A. Emalfarb, Esq. The right attorney has handled comparable 770 ILCS 60 disputes — not a general practitioner who occasionally takes lien cases.