Bill Text: IL SB1704 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Mechanics Lien Act. Provides that written notice of a claim and the amount due or to become due by a subcontractor, or parties furnishing labor, materials, fixtures, apparatus, machinery, or services, shall be provided to the owner of record or his or her agent or architect, or the superintendent having charge of the building or improvement and, if known, to the project lender. Requires such notice to be sent by: registered or certified mail; nationally recognized overnight delivery service; any means that provides written, third-party verification of delivery; or personal service.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2023-02-08 - Referred to Assignments [SB1704 Detail]

Download: Illinois-2023-SB1704-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1704 Introduced 2/8/2023, by Sen. Ram Villivalam SYNOPSIS AS INTRODUCED:
770 ILCS 60/24 from Ch. 82, par. 24
Amends the Mechanics Lien Act. Provides that written notice of a claim and the amount due or to become due by a sub-contractor, or parties furnishing labor, materials, fixtures, apparatus, machinery, or services, shall be provided to the owner of record or his or her agent or architect, or the superintendent having charge of the building or improvement and, if known, to the project lender. Requires such notice to be sent by: registered or certified mail; nationally recognized overnight delivery service; any means that provides written, third-party verification of delivery; or personal service.
LRB103 27304 LNS 53675 b
A BILL FOR
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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 his or her agent or architect, or the
superintendent having charge of the building or improvement
and, if known, to the project lender, said notice , to be sent
by: (i) registered or certified mail, with return receipt
requested; (ii) nationally recognized overnight delivery
service; (iii) any means that provides written, third-party

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verification of delivery; , and delivery limited to addressee
only, to or (iv) personal service 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
this Section shall not constitute an admission by the lien
claimant that its status is that of subcontractor if it is

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later determined that the party with whom the lien claimant
contracted was the owner or an agent of the owner.
(Source: P.A. 94-627, eff. 1-1-06.)