Illinois Notice Requirements

General Contractor — Sworn Statement Requirement (770 ILCS 60/5)

Before receiving payment, general contractors must provide the property owner with a Sworn Statement listing "all parties furnishing materials and labor and the amounts due or to become due to each." This is required under 770 ILCS 60/5.

For owner-occupied residences, the general contractor must also have a written contract and must give (and receive a signed receipt for) a consumer rights pamphlet to the homeowner. Failure to comply with these requirements can jeopardize the contractor's mechanic lien rights on residential projects.

Subcontractor 90-Day Notice — To Owner & Lender (770 ILCS 60/24, 60/28)

Subcontractors and material suppliers must serve a 90-Day Notice on both the property Owner and the Lender. This notice may be served any time after the contract is entered into, but must be served within 90 days after completion of work or final delivery of materials. This is required under 770 ILCS 60/24 and 60/28.

After serving the 90-Day Notice, the subcontractor may record a Claim for Lien with the county recorder, but cannot commence a suit to enforce the lien until 10 days after service of the notice. 770 ILCS 60/28. Failure to serve the notice within the 90-day window bars the subcontractor from recording a mechanic lien.

Serving Early — Why Timing Affects the Value of the Lien

The 90-Day Notice can be served any time after the subcontract is entered into. The statute preserves lien rights as long as the notice reaches the owner and lender within 90 days after last furnishing, but the dollar value of the resulting mechanic lien depends on when within that window the notice is served.

Illinois is an unpaid-balance state: a subcontractor's mechanic lien attaches only to the amount the owner still owes the general contractor when the lien is perfected. If the 90-Day Notice is held until the end of the statutory window, the owner may have already released most or all of the contract balance to the GC, leaving a smaller fund — or none — for the subcontractor's lien to reach.

Serving the 90-Day Notice shortly after signing the subcontract is the strongest protection. Statutory compliance is satisfied the same way, but early service secures the claim against the largest possible unpaid contract balance and puts the owner on notice before further payments flow downstream.

Sworn Statement Exception to 90-Day Notice

While strict compliance is the rule, 770 ILCS 60/24 and 770 ILCS 60/21 provide an important exception. If the General Contractor provided a Sworn Statement to the owner that correctly identifies the subcontractor and the amount due, that statement can serve as sufficient notice to the owner to the extent of the amount shown.

This exception can preserve mechanic lien rights for subcontractors who missed the 90-day deadline, but only to the extent of the amount listed on the General Contractor's sworn statement.

60-Day Notice — Owner-Occupied Single-Family Residences (770 ILCS 60/5, 60/21)

For projects involving owner-occupied single-family residences, subcontractors must provide a written "Notice to Owner" within 60 days of their first date of furnishing material or labor. This requirement is governed by 770 ILCS 60/5 and 60/21.

This 60-day notice is measured from the first date of furnishing — not the last — making it particularly easy to miss. Subcontractors working on residential projects should serve this notice as early as possible to avoid forfeiture.

10-Day Notice — Before Recording Mechanic Lien on Owner-Occupied Residence (770 ILCS 60/7)

For owner-occupied single-family residences, both general contractors and subcontractors must give notice to the owner within 10 days of recording the mechanic lien. This requirement applies under 770 ILCS 60/7.

The purpose is to provide homeowners with direct awareness that a mechanic lien has been placed on their property and an opportunity to resolve payment disputes.

Public Works — Notice of Claim on Payment Bond (30 ILCS 550/2)

On public construction projects in Illinois exceeding $5,000, the general contractor is required to provide a payment bond under the Illinois Public Construction Bond Act (30 ILCS 550). No preliminary notice is required for bond claims.

Subcontractors and material suppliers must serve a Notice of Claim on Bond to the Public Authority within 180 days after the "last item of work" or furnishing of the "last item of materials." A copy of the notice must also be sent to the contractor within 10 days thereafter. 30 ILCS 550/2.

Public Works — Notice for Mechanic Lien on Unexpended Public Funds (770 ILCS 60/23)

For mechanic liens on unexpended public funds, subcontractors and material suppliers must serve notice to the clerk, secretary, or director of the Public Authority and to the contractor prior to payment of funds. Mechanic Lien rights are limited to funds owed to the claimant's immediate contractor at the time of the claim. 770 ILCS 60/23(b) and (c).

If the contractor serves a demand, the claimant must respond within 30 days thereafter. 770 ILCS 60/23(b) and (c).

Service Methods

Section 24(a) allows the following methods of serving statutory mechanic lien notices, and the notice is considered served at the time it is placed with the delivery service or in the mail:

• Registered or certified mail, return receipt requested
• A nationally recognized delivery company with tracking service
• Personal service

Why Strict Compliance Matters for Notices

Illinois courts do not recognize "close enough" when it comes to notice requirements. Improperly serving notices to owners or lenders, or failing to adhere to the strict timelines, can result in the complete forfeiture of mechanic lien rights. Subcontractors and suppliers should implement compliance tracking systems to ensure all notices are served within the statutory windows.