103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4317

 

Introduced 1/16/2024, by Rep. Jay Hoffman

 

SYNOPSIS AS INTRODUCED:
 
770 ILCS 60/24  from Ch. 82, par. 24

    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.


LRB103 35975 LNS 66062 b

 

 

A BILL FOR

 

HB4317LRB103 35975 LNS 66062 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Mechanics Lien Act is amended by changing
5Section 24 as follows:
 
6    (770 ILCS 60/24)  (from Ch. 82, par. 24)
7    Sec. 24. Written notice by sub-contractor; service; when
8notice not necessary; form of notice.
9    (a) Sub-contractors, or parties furnishing labor,
10materials, fixtures, apparatus, machinery, or services, may at
11any time after making his or her contract with the contractor,
12and shall within 90 days after the completion thereof, or, if
13extra or additional work or material is delivered thereafter,
14within 90 days after the date of completion of such extra or
15additional work or final delivery of such extra or additional
16material, cause a written notice of his or her claim and the
17amount due or to become due thereunder, to be provided to the
18owner of record or the owner of record's agent or architect, or
19the superintendent having charge of the building or
20improvement and to the lending agency, if known, with the
21written notice to be sent by: (i) registered or certified
22mail, with return receipt requested; (ii) a nationally
23recognized delivery company with tracking service; or (iii)

 

 

HB4317- 2 -LRB103 35975 LNS 66062 b

1personal service. Notice shall be considered served at the
2time the written notice is placed with the delivery service or
3in the mail. The , and delivery limited to addressee only, to
4or personally served on the owner of record or his agent or
5architect, or the superintendent having charge of the building
6or improvement and to the lending agency, if known; and such
7notice shall not be necessary when the sworn statement of the
8contractor or subcontractor provided for herein shall serve to
9give the owner notice of the amount due and to whom due, but
10where such statement is incorrect as to the amount, the
11subcontractor or material man named shall be protected to the
12extent of the amount named therein as due or to become due to
13him or her. For purposes of this Section, notice by registered
14or certified mail is considered served at the time of its
15mailing.
16    The form of such notice may be as follows: To (name of
17owner): You are hereby notified that I have been employed by
18(the name of contractor) to (state here what was the contract
19or what was done, or to be done, or what the claim is for)
20under his or her contract with you, on your property at (here
21give substantial description of the property) and that there
22was due to me, or is to become due (as the case may be)
23therefor, the sum of $.....
24    Dated at .... this .... day of ....., .....
25
(Signature).....
26    (b) The serving of notice pursuant to subsection (a) of

 

 

HB4317- 3 -LRB103 35975 LNS 66062 b

1this Section shall not constitute an admission by the lien
2claimant that its status is that of subcontractor if it is
3later determined that the party with whom the lien claimant
4contracted was the owner or an agent of the owner.
5(Source: P.A. 94-627, eff. 1-1-06.)