Subcontractor Written Notice to Owner - Illinois

SUBCONTRACTOR WRITTEN NOTICE TO OWNER

770 ILCS 60/24

Current-law warning: Do not use a 60-days-after-first-furnishing residential deadline. The former provision was deleted effective January 1, 2025. Current § 24 requires the covered written notice within 90 days after completion of the subcontract, or after completion or final delivery of later extra work or material.

1. NOTICE INFORMATION

Date of notice: [DATE]

To — Owner of Record:

[OWNER NAME]

[ADDRESS]

To — Lending Agency, if known:

[LENDER NAME]

[ADDRESS]

From — Claimant:

[CLAIMANT NAME]

[ADDRESS / CONTACT]

Contractor who employed Claimant:

[CONTRACTOR NAME]

[ADDRESS]

Property:

[SUBSTANTIAL DESCRIPTION, ADDRESS, AND PIN IF AVAILABLE]

2. STATUTORY NOTICE

To [NAME OF OWNER]:

You are hereby notified that I have been employed by [NAME OF CONTRACTOR] to [STATE THE CONTRACT, WORK DONE OR TO BE DONE, OR BASIS OF CLAIM] under the contractor's contract with you, on your property at [SUBSTANTIAL DESCRIPTION OF PROPERTY], and that there [WAS DUE / IS TO BECOME DUE] to me for that work the sum of $[AMOUNT].

Dated at [PLACE] this [DAY] day of [MONTH], [YEAR].

Signature: _______________________________

Printed name and title: [NAME / TITLE]

Claimant: [LEGAL NAME]

3. CLAIM DETAIL

• Contract date: [DATE]
• Work, labor, materials, fixtures, apparatus, machinery, or services: [DESCRIPTION]
• Completion date of Claimant's contract: [DATE]
• Completion / final-delivery date of extra or additional work or material, if later: [DATE / NOT APPLICABLE]

4. DEADLINE AND RECIPIENT CHECKLIST

Under § 24, notice may be given after the subcontract is made and must be provided within 90 days after completion, or within 90 days after completion or final delivery of later extra work or material.

• Applicable completion / final-delivery date: [DATE]
• Ninetieth day: [DATE]
• Planned service date: [DATE]

Provide the written notice to:

☐ Owner of record, or the owner's agent or architect, or the superintendent having charge of the improvement

☐ Lending agency, if known

A separate notice is unnecessary only when the contractor's or subcontractor's sworn statement provided under the Act gives the owner notice of the amount due and to whom it is due. Obtain Illinois counsel before relying on that exception.

5. SERVICE CERTIFICATE

Section 24 permits the written notice to be sent by:

☐ Registered mail, return receipt requested

☐ Certified mail, return receipt requested

☐ Nationally recognized delivery company with tracking service

☐ Personal service

Notice is considered served when placed with the delivery service or in the mail.

I certify that on [DATE], I provided a true copy of this notice as follows:

Signature: _______________________________

Name: [NAME]

Date: [DATE]

6. POST-NOTICE CALENDAR

This notice is not itself a recorded lien. Section 28 addresses a subcontractor's ability to file a lien claim or complaint when the amount remains unpaid for ten days after service. Sections 7 and 28 contain separate filing, enforcement, party, and owner-liability rules. Calendar all next steps with Illinois counsel.

• Notice service date: [DATE]
• Ten days after service: [DATE]
• Lien filing deadline identified by counsel: [DATE]
• Enforcement deadline identified by counsel: [DATE]

Do not claim automatic attorney fees under 770 ILCS 60/38. Section 38 concerns recorder indexing and filing fees, not a prevailing-party attorney-fee award.

7. SOURCES AND REFERENCES

• 770 ILCS 60/24: https://www.ilga.gov/documents/legislation/ilcs/documents/077000600K24.htm
• 770 ILCS 60/28: https://www.ilga.gov/documents/legislation/ilcs/documents/077000600K28.htm
• 770 ILCS 60/7: https://www.ilga.gov/documents/legislation/ilcs/documents/077000600K7.htm
• Public Act 103-827: https://www.ilga.gov/ftp/Public%20Acts/103/103-0827.htm