Using Preliminary (60-Day) Notice Forms for Illinois Mechanic's Liens
In Illinois, eligible contractors must provide a property owner with the required forms of preliminary notice before leveraging a mechanic's lien. The notice forms include a 60-day and 90-day notice.
Under the state law, the contractor is required to provide the property owner with a statement in writing, made under oath or verified by affidavit, containing the names and addresses of all parties furnishing labor, services, material, fixtures, apparatus or machinery and of the amounts due or to become due to each before payment is made. 770 Ill. Comp. Stat. 60/5(a).
For residential jobs, there are additional requirements. Each subcontractor who has furnished, or is furnishing labor, services, or equipment shall notify the occupant either personally or by certified mail addressed to the occupant or his agent at the residence within 60 days from his first day of work on the job. 770 Ill. Comp. Stat. 60/5(b)(ii). The notice contains the name and address of the subcontractor or material man, the date he started to work or to deliver materials, the type of work requested and/or the type of labor, services, or materials delivered, and the name of the contractor requesting the work.
All parties without a direct contractual relation with the property owner (or his or her agent) and who provided labor or materials to an owner-occupied single-family residence must provide this 60-Day Notice. The claimant must verify the form as accurate and true. The notice must also be notarized by a notary who acknowledges the signature.
Finally, must serve the notice by personal service (such as using a process server) or by U.S. mail (sent certified with return receipt requested).
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.
Deeds.com Illinois Mechanics Lien Preliminary 60 Day Notice Forms Have Been Updated as Recently as Tuesday January 9, 2018