Bill Text: IL HB4317 | 2023-2024 | 103rd General Assembly | Engrossed

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Bill Title: Amends the Mechanics Lien Act. Requires a sub-contractor, or party furnishing labor, materials, fixtures, apparatus, machinery, or services, to cause a notice of his or her claim and the amount due or to become due to the owner of record or the owner of record's agent or architect, or the superintendent having charge of the building or improvement, and, to the lending agency, if known. Requires the written notice to be sent by: (i) registered or certified mail, with return receipt requested; (ii) a nationally recognized delivery company with tracking service; or (iii) personal service. Provides that notice is considered served at the time the written notice is placed with the delivery service or in the mail.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Engrossed) 2024-06-26 - Pursuant to Senate Rule 3-9(b) / Referred to Assignments [HB4317 Detail]

Download: Illinois-2023-HB4317-Engrossed.html

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HB4317 Engrossed LRB103 35975 LNS 66062 b
AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Mechanics Lien Act is amended by changing
Section 24 as follows:
(770 ILCS 60/24) (from Ch. 82, par. 24)
Sec. 24. Written notice by sub-contractor; service; when
notice not necessary; form of notice.
(a) Sub-contractors, or parties furnishing labor,
materials, fixtures, apparatus, machinery, or services, may at
any time after making his or her contract with the contractor,
and shall within 90 days after the completion thereof, or, if
extra or additional work or material is delivered thereafter,
within 90 days after the date of completion of such extra or
additional work or final delivery of such extra or additional
material, cause a written notice of his or her claim and the
amount due or to become due thereunder, to be provided to the
owner of record or the owner of record's agent or architect, or
the superintendent having charge of the building or
improvement and to the lending agency, if known, with the
written notice to be sent by: (i) registered or certified
mail, with return receipt requested; (ii) a nationally
recognized delivery company with tracking service; or (iii)

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personal service. Notice shall be considered served at the
time the written notice is placed with the delivery service or
in the mail. The , and delivery limited to addressee only, to
or personally served on the owner of record or his agent or
architect, or the superintendent having charge of the building
or improvement and to the lending agency, if known; and such
notice shall not be necessary when the sworn statement of the
contractor or subcontractor provided for herein shall serve to
give the owner notice of the amount due and to whom due, but
where such statement is incorrect as to the amount, the
subcontractor or material man named shall be protected to the
extent of the amount named therein as due or to become due to
him or her. For purposes of this Section, notice by registered
or certified mail is considered served at the time of its
mailing.
The form of such notice may be as follows: To (name of
owner): You are hereby notified that I have been employed by
(the name of contractor) to (state here what was the contract
or what was done, or to be done, or what the claim is for)
under his or her contract with you, on your property at (here
give substantial description of the property) and that there
was due to me, or is to become due (as the case may be)
therefor, the sum of $.....
Dated at .... this .... day of ....., .....
(Signature).....
(b) The serving of notice pursuant to subsection (a) of

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