Illinois Contractor 60-Day Residential Notice

In Illinois, a contractor furnishing labor, services, material, fixtures, apparatus or machinery must provide a work notice to a residential owner setting forth the contract price, description of work, names and addresses of all subcontractors or material suppliers and other laborers and amounts due to each.

Under Illinois law governing mechanic's liens, the contractor has a duty to give the owner a statement in writing, under oath or verified by affidavit, of the names and addresses of all parties furnishing labor, services, material, fixtures, apparatus or machinery, forms or form work and of the amounts due or to become due to each. 770 Ill. Comp. Stat. 60/5(a). The property owner also has a duty to request this statement from the contractor before the owner (or his agent, architect, or superintendent) makes a payment to the contractor. Id. Merchants and dealers in materials are not required to make this statement. Id.

In regard to any owner-occupied single-family residence, 770 Ill. Comp. Stat. 60/5(b)(i) states that each contractor must provide the owner or his or her agent, (either as part of the contract or as a separate printed statement) with the following statement before the owner makes his or her first payment:

THE LAW REQUIRES THAT THE CONTRACTOR SHALL SUBMIT A SWORN STATEMENT OF PERSONS FURNISHING LABOR, SERVICES, MATERIAL, FIXTURES, APPARATUS OR MACHINERY, FORMS OR FORM WORK BEFORE ANY PAYMENTS ARE REQUIRED TO BE MADE TO THE CONTRACTOR.

If the owners of the property are persons living together, the statement is conclusively presumed given to each such owners if given to one of them. Id.

The Notice contains the following information:
1) Contractor's name and address;
2) Owner's name and address;
3) Description of work or materials provided by the contractor;
4) The start date of the project;
5) Address of the project;
6) The contract price; and
7) The names and addresses, description of services or materials provided, and amounts owed to each individual laborer, subcontractor, or other party with a potential claim.

The document must be verified by completing the included affidavit and sworn before a notary public. A certificate of service must also be completed to attest to the name of the recipient as well as the date and method of service (such as personal service or certified/registered U.S. mail).

This article is provided for informational purposes only and does not constitute legal advice. If you have any questions about mechanic's liens in Illinois, including the preliminary notices, please consult an attorney.

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