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1 | AN ACT concerning civil law.
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2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly:
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4 | Section 5. The Mechanics Lien Act is amended by changing | ||||||
5 | Section 24 as follows:
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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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