This statutory form is meant for use by subcontractors or others who are not directly contracted for work with the property owner.
For residential, owner-occupied projects, the 90-day notice form is the second preliminary notice sent in anticipation of filing a lien (the 60-day notice must be served beforehand sent via certified mail within 60 days from the first furnishing). For a commercial project, the 90-day form is the first notice sent to the owner. Either way, both commercial and residential jobs require the 90-day notice prior to filing a lien. 770 Ill. Comp. Stat. 60/24(a).
The 90-day notice is a demand for payment that must be sent by all contractors, subcontractors, laborers, and material/equipment suppliers who have not directly contracted with the owner or the owner's agent. Note that all eligible workers must send the notice within 90 days after the final furnishing of work or delivery of materials to the jobsite. Id. Any substantial additional or extra work can enlarge the time, but mere corrections of previously completed work will not affect the end date. Be aware the time is 90 days, not three months, so count 90 days from the date labor or materials were last furnished.
Serve the notice either through personal service by using a process server, or use the easier and less expensive option of certified mail. The notice does not have to be recorded but keep track of all dates and confirmations of receipt of service to help create a paper trail if a lien becomes necessary. If the deadlines are near, consider a process server. If mailing, serve the notice by certified mail, return receipt requested on the owner, the mortgage lenders, and the general contractor.
The 90-day notice must be verified which means the contractor's signature represents the contents of the notice are accurate and true. The notice must also be notarized by signing it in front of a licensed Notary Public who affixes his or her seal to the document.
This article is provided for informational purposes only and does not constitute legal advice. If you have any questions about mechanic's liens, including the preliminary notices, please consult an attorney.
Deeds.com Illinois Mechanics Lien Preliminary 90 Day Notice Forms Have Been Updated as Recently as Wednesday February 14, 2018