Pre-Lien Notice / Notice to Owner

ILLINOIS PRE-LIEN NOTICE / NOTICE TO OWNER

770 ILCS 60/24 — Subcontractor/Material Supplier Notice

IMPORTANT PRACTITIONER NOTES

This Notice preserves a subcontractor's or material supplier's lien rights under the Illinois Mechanics Lien Act. Critical timing rules:

• Owner-occupied single-family residence: Notice must be served within 60 days of Claimant's first furnishing of labor or materials.
• All other property types: Notice must be served within 90 days of Claimant's last furnishing of labor or materials.
• Service method: Certified mail, return receipt requested, or personal service.
• Recipients: Owner (and Mortgagee/Construction Lender, if known).
• Lien recording deadline: Typically 4 months from last furnishing for full priority; 2-year absolute bar.

I. DOCUMENT HEADER

Date of Notice: [__/__/____]

Claimant:
[________________________________]
[________________________________] (Address)
[________________________________]
Telephone: [________________________________]
License No. (if applicable): [________________________________]

Owner(s):
[________________________________]
[________________________________] (Address)

Prime/General Contractor:
[________________________________]
[________________________________] (Address)

Property:
Street Address: [________________________________]
Legal Description / Permanent Index Number (PIN): [________________________________]

Project Description: [________________________________]

II. DEFINITIONS

1. "Amount Due" — The unpaid contract balance of $[________], computed as:
   - Contract/Change Order Price: $[________]
   - Payments Received to Date: $[________]
   - Balance Outstanding: $[________]

2. "First Furnishing Date" — [__/__/____]

3. "Last Furnishing Date" — [__/__/____]
4. "Notice Period" — (i) 60 days after first furnishing for owner-occupied single-family residences; (ii) 90 days after last furnishing for all other property types.

III. STATUTORY NOTICE

Pursuant to 770 ILCS 60/24, Claimant hereby notifies Owner that:

1. Claimant has furnished, and/or continues to furnish, labor, services, equipment, and/or materials for the improvement of the Property;
2. Claimant claims a lien for the Amount Due;
3. This Notice is tendered within the applicable Notice Period to preserve Claimant's lien rights.

Description of Labor/Materials Furnished:

[________________________________]
[________________________________]
[________________________________]

Contracting Party:

Claimant's work is pursuant to a contract/agreement with [________________________________] dated [__/__/____].

IV. DEMAND AND POTENTIAL LIEN FILING

Unless full payment of the Amount Due is received within fifteen (15) days of Owner's receipt of this Notice, Claimant may:

1. Record a mechanics lien against the Property;
2. Commence foreclosure proceedings;
3. Recover interest, costs, and reasonable attorney fees as permitted by 770 ILCS 60/38.

V. REPRESENTATIONS

1. Claimant is duly licensed (if required) and authorized to perform the referenced work in Illinois.
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 labor, services, equipment, and/or materials furnished.
4. Claimant's lien right has not been waived, released, or assigned.

VI. OWNER'S RIGHTS AND OBLIGATIONS

IMPORTANT NOTICE TO OWNER:

Under the Illinois Mechanics Lien Act, you have the right to:

1. Request a sworn statement from the Prime Contractor identifying all subcontractors and amounts owed (770 ILCS 60/5);
2. Withhold payment to the Prime Contractor in an amount sufficient to cover the Claimant's claim;
3. Require lien waivers from all subcontractors before making payment to the Prime Contractor.

WARNING: Before any payment is made to the Contractor, the Owner should receive a waiver of lien executed by each subcontractor who has furnished labor, services, materials, fixtures, apparatus, or machinery.

VII. DEFAULT AND REMEDIES

1. Event of Default. Failure to pay the Amount Due within the stated period.
2. Remedies. Upon default, Claimant may:
   - Record a mechanics lien against the Property;
   - Commence foreclosure proceedings;
   - Recover allowable interest, costs, and attorney fees.

VIII. DISPUTE RESOLUTION

All disputes arising from this Notice or any subsequent lien enforcement shall be governed by Illinois law, with exclusive jurisdiction in the state courts of [________________________________] County, Illinois.

IX. EXECUTION AND SERVICE

IN WITNESS WHEREOF, the undersigned executes this Notice as of the date above.

____________________________________
[________________________________] (Authorized Signatory Name)
[________________________________] (Title)
For and on behalf of Claimant

STATE OF [________________________________] )
COUNTY OF [________________________________] ) ss.

Subscribed and sworn before me on [__/__/____], by [________________________________], as [________________________________] of Claimant.

____________________________________
Notary Public
My Commission Expires: [________________________________]

X. CERTIFICATE OF SERVICE

I, [________________________________], certify that on [__/__/____], I served this Notice on each of the parties listed below by:

☐ Certified mail, return receipt requested
☐ Personal delivery

____________________________________
[________________________________], Affiant

ADDITIONAL LEGAL NOTICES AND PRACTITIONER GUIDANCE

A. Federal Requirements

All parties should be aware of applicable federal laws and regulations that may affect the rights and obligations described in this document, including but not limited to:

• Fair Housing Act (42 U.S.C. § 3604) — Prohibits discrimination in housing
• Americans with Disabilities Act (42 U.S.C. § 12101 et seq.) — Reasonable accommodations
• Servicemembers Civil Relief Act (50 U.S.C. § 3901 et seq.) — Military service protections
• Truth in Lending Act (15 U.S.C. § 1601 et seq.) — Where applicable to real estate transactions
• Real Estate Settlement Procedures Act (12 U.S.C. § 2601 et seq.) — Settlement and closing requirements

B. State-Specific Compliance

This document is drafted to comply with the specific laws of the jurisdiction indicated in the YAML frontmatter. Practitioners should verify that all statutory citations remain current, as state legislatures may amend relevant statutes at any time.

C. Record Retention

All parties should retain executed copies of this document, together with all supporting documentation, for a minimum period of:

• Three (3) years after the date of execution or the date of final resolution of any dispute arising hereunder, whichever is later; or
• Such longer period as may be required by applicable law or professional obligation.

D. Professional Responsibility

Attorneys preparing or reviewing this document should ensure compliance with their state's Rules of Professional Conduct, including rules regarding competence, diligence, communication, and conflicts of interest.

E. Tax Implications

The transactions described in this document may have federal, state, or local tax implications. The parties are encouraged to consult qualified tax professionals regarding any reporting obligations, deductions, or credits that may arise.

F. Electronic Records

To the extent this document is executed, stored, or transmitted electronically, the parties acknowledge compliance with the federal Electronic Signatures in Global and National Commerce Act (E-SIGN Act, 15 U.S.C. § 7001 et seq.) and applicable state electronic transaction laws.

PRACTITIONER CHECKLIST

Before executing this document, verify:

☐ All fill-in fields have been completed with accurate information
☐ All statutory citations have been verified as current
☐ The document complies with applicable state and local requirements
☐ All parties have been properly identified with correct legal names
☐ The document has been reviewed by qualified legal counsel
☐ All required supporting documentation is attached or referenced
☐ Proper service/delivery methods have been identified
☐ Copies have been made for all parties
☐ Deadlines and compliance dates have been calendared
☐ Any applicable filing fees or taxes have been calculated
☐ The document meets formatting requirements for filing/recording (if applicable)
☐ All guidance comments have been removed before final execution

DOCUMENT DELIVERY AND SERVICE LOG

AMENDMENT AND MODIFICATION HISTORY

SOURCES AND REFERENCES

1. 770 ILCS 60 — Illinois Mechanics Lien Act: https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2254&ChapterID=63
2. 770 ILCS 60/24 — Subcontractor Notice to Owner: https://ilga.gov/Documents/legislation/ilcs/documents/077000600K24.htm
3. 770 ILCS 60/7 — Time for Filing Lien
4. Illinois State Bar Association — www.isba.org

This Notice is intended to comply with 770 ILCS 60/24. Timing is critical — verify whether the 60-day or 90-day window applies based on property type. Service must be by certified mail with return receipt or personal service. This template does not constitute legal advice. Consult a licensed Illinois attorney.