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| 1 | AN ACT concerning civil law. | ||||||
| 2 | Be it enacted by the People of the State of Illinois, | ||||||
| 3 | represented in the General Assembly: | ||||||
| 4 | Section 5. The Mechanics Lien Act is amended by changing | ||||||
| 5 | Section 24 as follows: | ||||||
| 6 | (770 ILCS 60/24) (from Ch. 82, par. 24) | ||||||
| 7 | Sec. 24. Written notice by sub-contractor; service; when | ||||||
| 8 | notice not necessary; form of notice. | ||||||
| 9 | (a) Sub-contractors, or parties furnishing labor, | ||||||
| 10 | materials, fixtures, apparatus, machinery, or services, may at | ||||||
| 11 | any time after making his or her contract with the contractor, | ||||||
| 12 | and shall within 90 days after the completion thereof, or, if | ||||||
| 13 | extra or additional work or material is delivered thereafter, | ||||||
| 14 | within 90 days after the date of completion of such extra or | ||||||
| 15 | additional work or final delivery of such extra or additional | ||||||
| 16 | material, cause a written notice of his or her claim and the | ||||||
| 17 | amount due or to become due thereunder, to be provided to the | ||||||
| 18 | owner of record or the owner of record's agent or architect, or | ||||||
| 19 | the superintendent having charge of the building or | ||||||
| 20 | improvement and to the lending agency, if known, with the | ||||||
| 21 | written notice to be sent by: (i) registered or certified | ||||||
| 22 | mail, with return receipt requested; (ii) a nationally | ||||||
| 23 | recognized delivery company with tracking service; or (iii) | ||||||
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| 1 | personal service. Notice shall be considered served at the | ||||||
| 2 | time the written notice is placed with the delivery service or | ||||||
| 3 | in the mail. The , and delivery limited to addressee only, to | ||||||
| 4 | or personally served on the owner of record or his agent or | ||||||
| 5 | architect, or the superintendent having charge of the building | ||||||
| 6 | or improvement and to the lending agency, if known; and such | ||||||
| 7 | notice shall not be necessary when the sworn statement of the | ||||||
| 8 | contractor or subcontractor provided for herein shall serve to | ||||||
| 9 | give the owner notice of the amount due and to whom due, but | ||||||
| 10 | where such statement is incorrect as to the amount, the | ||||||
| 11 | subcontractor or material man named shall be protected to the | ||||||
| 12 | extent of the amount named therein as due or to become due to | ||||||
| 13 | him or her. For purposes of this Section, notice by registered | ||||||
| 14 | or certified mail is considered served at the time of its | ||||||
| 15 | mailing. | ||||||
| 16 | The form of such notice may be as follows: To (name of | ||||||
| 17 | owner): You are hereby notified that I have been employed by | ||||||
| 18 | (the name of contractor) to (state here what was the contract | ||||||
| 19 | or what was done, or to be done, or what the claim is for) | ||||||
| 20 | under his or her contract with you, on your property at (here | ||||||
| 21 | give substantial description of the property) and that there | ||||||
| 22 | was due to me, or is to become due (as the case may be) | ||||||
| 23 | therefor, the sum of $..... | ||||||
| 24 | Dated at .... this .... day of ....., ..... | ||||||
| 25 | (Signature)..... | ||||||
| 26 | (b) The serving of notice pursuant to subsection (a) of | ||||||
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| 1 | this Section shall not constitute an admission by the lien | ||||||
| 2 | claimant that its status is that of subcontractor if it is | ||||||
| 3 | later determined that the party with whom the lien claimant | ||||||
| 4 | contracted was the owner or an agent of the owner. | ||||||
| 5 | (Source: P.A. 94-627, eff. 1-1-06.) | ||||||