ILLINOIS PRE-LIEN NOTICE / NOTICE TO OWNER

(“60-Day / 90-Day Subcontractor Notice”)
[770 Ill. Comp. Stat. 60]

I. DOCUMENT HEADER

1. Claimant: [LEGAL NAME OF SUBCONTRACTOR / MATERIAL SUPPLIER] (“Claimant”)
2. Owner: [LEGAL NAME OF RECORD OWNER(S)] (“Owner”)
3. Prime Contractor: [LEGAL NAME OF GENERAL/PRIME CONTRACTOR] (“Prime Contractor”)
4. Property:
   a. Street Address: [PROPERTY ADDRESS]
   b. Legal Description / PIN: [INSERT LEGAL DESCRIPTION OR PERMANENT INDEX NUMBER]
5. Project: [BRIEF DESCRIPTION OF IMPROVEMENT] (“Project”)
6. Effective Date of Notice: [DATE OF SERVICE]
7. Governing Law / Venue: State of Illinois Mechanics Lien Act; exclusive venue in the state courts sitting in the county where the Property is located.

II. DEFINITIONS

“Amount Due” means the unpaid contract balance of $ [AMOUNT], computed as follows:
a. Contract/Change Order Price: $ [ ];
b. Payments Received: $ [ ];
c. Balance Outstanding: $ [ ].

“Last Furnishing Date” means [LAST DATE LABOR/MATERIALS WERE PROVIDED].

“Notice Period” means (i) 60 days after the Claimant’s first furnishing of labor or materials if the Property is an owner-occupied single-family residence, or (ii) 90 days after the Claimant’s last furnishing of labor or materials for all other Property types, as prescribed by the Mechanics Lien Act.

III. OPERATIVE PROVISIONS

1. Statutory Notice. Pursuant to 770 Ill. Comp. Stat. 60/24, Claimant hereby notifies Owner that it has furnished, and/or continues to furnish, labor, services, equipment, and/or materials for the improvement of the Property and that it claims a lien for the Amount Due.

2. Description of Labor/Materials. Claimant has provided the following: [DETAILED DESCRIPTION].

3. Timing Compliance. This Notice is tendered within the applicable Notice Period to preserve Claimant’s lien rights.

4. Potential Lien Filing. Unless full payment of the Amount Due is received within [15] days of Owner’s receipt of this Notice, Claimant may record and enforce a mechanics lien against the Property, together with interest, costs, and reasonable attorneys’ fees as permitted by law.

IV. REPRESENTATIONS & WARRANTIES

1. Claimant is duly licensed (if required) and authorized to perform the referenced work.
2. The Amount Due is just, true, and correct, and no offsets or credits exist except as stated herein.
3. Claimant has not been fully paid for the labor, services, equipment, and/or materials furnished to the Project.
4. Claimant’s lien right has not been waived, released, or assigned.

(All representations survive delivery of this Notice.)

V. COVENANTS & RESTRICTIONS

1. Claimant shall, upon written request, furnish Owner reasonable additional documentation substantiating the Amount Due.
2. Owner shall promptly notify Claimant of any dispute regarding the Amount Due and provide a detailed statement of objections within [5] business days of receipt of this Notice.

VI. DEFAULT & REMEDIES

1. Event of Default. Failure to pay the Amount Due within the period stated in Section III.4 constitutes a default.
2. Remedies. Upon default, Claimant may:
   a. Record a mechanics lien against the Property;
   b. Commence foreclosure proceedings to enforce said lien; and
   c. Recover allowable interest, costs, and attorneys’ fees.

VII. RISK ALLOCATION

1. Limitation of Liability. Owner’s aggregate liability shall not exceed the lesser of:
   a. The Amount Due; or
   b. The unpaid contract balance owing to the Prime Contractor for the work incorporating Claimant’s labor or materials.

2. No Indemnification. This Notice imposes no indemnification obligations on either party.

VIII. DISPUTE RESOLUTION

All disputes arising from or relating to this Notice or any subsequent lien enforcement shall be governed by Illinois law, with exclusive jurisdiction in the state courts of the county where the Property is located. Arbitration and jury trial waivers are not applicable.

IX. GENERAL PROVISIONS

1. Amendments. Any amendment to this Notice must be in writing and signed by Claimant.
2. Assignment. Claimant may assign its lien rights; Owner’s prior written consent is not required.
3. Severability. If any provision of this Notice is held invalid, the remaining provisions shall remain in full force and effect.
4. Integration. This Notice constitutes the complete and exclusive statement of Claimant’s preliminary lien notice.

X. EXECUTION & SERVICE

IN WITNESS WHEREOF, the undersigned executes this Notice as of the Effective Date.

[AUTHORIZED SIGNATORY NAME]
[Title]
for and on behalf of Claimant

STATE OF __ )
COUNTY OF __ ) ss.

Subscribed and sworn before me on __, 20, by ____, as ____ of Claimant.

Notary Public: ____
My Commission Expires: _______

CERTIFICATE OF SERVICE

I, ____, certify that on ____, 20__, I served this Notice on each of the parties listed below by [PERSONAL DELIVERY / CERTIFIED MAIL, RETURN RECEIPT REQUESTED], in compliance with 770 Ill. Comp. Stat. 60.

1. Owner: [OWNER NAME & ADDRESS]
2. Mortgagee/Construction Lender (if any): [NAME & ADDRESS]
3. Prime Contractor: [NAME & ADDRESS]

[Name], Affiant

[// GUIDANCE:
1. Timing – Verify whether the Property is an owner-occupied single-family residence (60-day notice) or any other property type (90-day notice). Count days from the correct measuring date.
2. Service – Best practice is Certified Mail, Return Receipt Requested, to each statutorily required recipient. Keep the signed green cards.
3. Content – Ensure the Amount Due is accurate and that all required parties (Owner, Mortgagee, Prime Contractor) receive the Notice. Omissions can invalidate the lien.
4. Filing – This Notice itself is not recorded, but a mechanics lien claim must be recorded within the statutory deadline (typically 4 months from last furnishing for full priority, 2 years absolute bar). Consult current statute for exact deadlines.
5. Preservation – Do not attach invoices that reveal unit pricing if confidentiality is a concern; a summary ledger is sufficient.
6. Follow-Up – Calendar a reminder for the lien-recording deadline immediately after mailing this Notice.
]