Illinois Notice of Intent
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Illinois Notice of Intent to Lien Overview

Illinois

Notice of Intent Requirement
No, Not Required
Notices of Intent to Lien are specifically required to be provided by all parties in Illinois in order to retain the ability to file a valid mechanics lien.

Illinois

Notice of Intent Requirement
Yes, Required, But May File
Notices of Intent to Lien are specifically required to preserve the right to file an Illinois mechanics lien.

Illinois

Notice of Intent Deadline
90 Days From Last Furnishing
An Illinois Notice of Intent to Lien must be sent within 90 days of last furnishing labor or materials to the project.

Illinois

Notice of Intent Requirement
Yes, Required, But May File
Notices of Intent to Lien are specifically required to preserve the right to file an Illinois mechanics lien.

Illinois

Notice of Intent Deadline
90 Days From Last Furnishing
An Illinois Notice of Intent to Lien must be sent within 90 days of last furnishing labor or materials to the project.

Illinois is one of the few states which requires a Notice of Intent to Lien be sent before a lien can be filed. Though, only parties hired by someone other than the property owner will need to send the Notice of Intent.

The notice is often called the “90-day Notice” or “90-day Notice of Intent” because it must be sent within 90 days of the claimant’s last furnishing date, as set out by § 60/24 of Illinois’ mechanics lien statute.

Beyond simply being a required part of the Illinois mechanics lien process, keep in mind that a Notice of Intent to Lien is a powerful payment recovery tool in and of itself. Mechanics liens are a powerful and drastic remedy – so, the potential for a lien claim is something owners, contractors, and other top of chain parties must take seriously. So, don’t underestimate the ability to leverage a Notice of Intent to Lien to get paid – and, keep in mind it may be wise to send one even if it isn’t required.

That being said, an Illinois Notice of Intent is important to get right. So, it’s crucial that prospective lien claimants use the right form, include the right information, and abide by the correct deadline. Using an online platform to help with sending notice can go a long way to help with all of those factors.

Illinois Notice of Intent FAQs

Illinois lien law can be particularly complex, due in part because the state requires that a Notice of Intent to Lien be sent to preserve lien rights. Here are some of the most common questions and answers about Illinois Notices of Intent to Lien.

Private Projects

Who needs to send an Illinois Notice of Intent to Lien?

All claimants who weren’t hired directly by the property owner must send a Notice of Intent to Lien in order to preserve their right to file an Illinois mechanics lien.

Even if you aren’t required to send a Notice of Intent to Lien, it may be a good idea to send one anyway. The threat of a lien claim will often lead to payment and help to avoid the nastiness of a full-blown lien dispute. Read more on this here: What is a Notice of Intent to Lien? Should I Send One?

What is the deadline to send an Illinois Notice of Intent to Lien?

A Notice of Intent to Lien must be served within 90 days of last furnishing labor or materials to the project. If you’re unsure what that date is, see: What’s the “Date Labor or Materials Last Delivered” and How Can I Prove It?

Who needs to receive an Illinois Notice of Intent to Lien?

The Notice of Intent to Lien must be sent to the property owner, as well as the mortgage lender (if any).

Still, it’s often a good idea to send to other higher-tiered project participants, like the GC or your customer. The more parties who are aware of the dispute, the better the chances that the claim gets paid.

What information should be included on an Illinois NOI?

Illinois’ Notice of Intent to Lien form is governed under 770 ILCS §60/24, which requires the following information in order for the notice to be valid:

• Claimant’s name & address

• Property owner’s name & address

• Hiring party’s name & address

• Description of the work performed, giving rise to the claim

• “Substantial description of the property”

• Amount being claimed.

For some guidance on how to fill out this document, see: I need help with Illinois Notice of Intention to Lien

The statute even goes so far as to provide the exact text that can be used on an Illinois NOI. Here’s the form in all its glory:

To (name of owner):

You are hereby notified that I have been employed by (the name of contractor) to (state here what was the contract or what was done, or to be done, or what the claim is for) under his or her contract with you, on your property at (here give substantial description of the property) and that there was due to me, or is to become due (as the case may be) therefor, the sum of $…..

Dated at ………. this ………. day of ………., …..

(Signature)……….

Download a free, Illinois Notice of Intent to Lien form here

How should the Illinois Notice of Intent to Lien be sent?

The notice should be sent registered or certified mail return receipt requested with delivery restricted to the addressee, only. It can also be done by personal delivery – but it’s important to generate some proof or documentation that the notice was properly delivered.

Is an IL Notice of Intent to Lien considered served when sent or when received?

If the notice is sent by registered or certified mail, the notice is considered served at the time of mailing. However, actual receipt is still required to be deemed a valid notice; the burden to get the notice received is on the notifying party.

For more on this see these Expert Center answers:

What if the notice of intent, sent certified mail, return receipt requested, avoids receiving it?

Customer Not Answering The Door To Sign Certified Notice Of Intent To File Illinois Mechanic’s Lien

What if an Illinois Notice of Intent to Lien is sent late?

If the Notice of Intent to Lien isn’t sent or is sent late, then lien rights will only be partially available. That is, if the project’s GC provided the owner a Sworn Statement*, and if that statement showed the claimant hadn’t been fully paid, then the claimant may be able to file a lien for the amount indicated on the Sworn Statement.

* A “Sworn Statement” is a document submitted by the project’s prime contractor to the property owner which swears all subs and suppliers have been paid or identifies which of them have not been paid.

Public Projects

Does Illinois require Notices of Intent on public projects?

No. Illinois’ Notice of Intent to Lien requirements stem from the state’s mechanics lien statute, and the Illinois Little Miller Act doesn’t require an NOI before a payment bond claim can be made.

Still, it may be a good idea to send Notice of Intent anyway: Do I Need to Send a Notice of Intent Before Making a Construction Bond Claim?

Need More Help with an Illinois Notice of Intent? We're Here

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Construction attorneys: Courtney Stricklen, Christopher Ng, Andrea Goldman, and Peter Ryan

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Free Illinois Notice of Intent Forms

Compliant with Illinois statutes and applicable for jobs in any Illinois county.

Illinois Notice of Intent to Lien Form (90-Day Notice)

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Illinois Notice of Intent Statutes

The rules regarding Illinois Notice of Intent to Lien can be found at § 60/24 and § 60/25, and those are reproduced below. You can also get those provisions directly from the Illinois legislature, here: 770 ILCS 60 | The Illinois Mechanics Lien Act. Updated as of 2020.

Illinois Notice of Intent Statute

§ 60/24. Written notice by sub-contractor; service; when notice not necessary; form of notice

(a) Sub-contractors, or parties furnishing labor, materials, fixtures, apparatus, machinery, or services, may at any time after making his or her contract with the contractor, and shall within 90 days after the completion thereof, or, if extra or additional work or material is delivered thereafter, within 90 days after the date of completion of such extra or additional work or final delivery of such extra or additional material, cause a written notice of his or her claim and the amount due or to become due thereunder, to be sent by registered or certified mail, with return receipt requested, and delivery limited to addressee only, to or personally served on the owner of record or his agent or architect, or the superintendent having charge of the building or improvement and to the lending agency, if known; and such notice shall not be necessary when the sworn statement of the contractor or subcontractor provided for herein shall serve to give the owner notice of the amount due and to whom due, but where such statement is incorrect as to the amount, the subcontractor or material man named shall be protected to the extent of the amount named therein as due or to become due to him or her. For purposes of this Section, notice by registered or certified mail is considered served at the time of its mailing.

The form of such notice may be as follows:

To (name of owner):

You are hereby notified that I have been employed by (the name of contractor) to (state here what was the contract or what was done, or to be done, or what the claim is for) under his or her contract with you, on your property at (here give substantial description of the property) and that there was due to me, or is to become due (as the case may be) therefor, the sum of $…..

Dated at ………. this ………. day of ………., …..

(Signature)……….

(b) The serving of notice pursuant to subsection (a) of this Section shall not constitute an admission by the lien claimant that its status is that of subcontractor if it is later determined that the party with whom the lien claimant contracted was the owner or an agent of the owner.

§ 60/25. Notice to persons not found or not residing in county

(a) In all cases where the owner of record, his or her agent, architect, or superintendent or lending agency, if known, cannot, upon reasonable diligence, be found in the county in which said improvement is made, or shall not reside therein, the sub-contractor or person furnishing labor, services, material, fixtures, apparatus or machinery, forms or form work may give notice to such persons who cannot be found by filing within 90 days after the completion of his or her contract with the contractor, or if extra or additional work or material is delivered thereafter, within 90 days after the date of completion of such extra or additional work or final delivery of such extra or additional material, in the office of the recorder a claim for lien verified by the affidavit of himself or herself, or his or her agent or employee, which shall consist of a brief statement of his or her contract or demand, and the balance due after allowing all credits, and a sufficient correct description of the lot, lots or tract of land to identify the same. An itemized account shall not be necessary.

(b) The notice recorded pursuant to subsection (a) of this Section shall satisfy the notice requirements of Section 24 of this Act only as to any owner of record, his or her agent, architect, superintendent, or lending agency, if known, who or which cannot, upon reasonable diligence, be found or shall not reside in the county in which said improvement is made. In the event that notice is recorded as provided herein, if such notice complies with Section 7 of this Act it shall also be deemed a claim for lien recorded pursuant to Section 7 of this Act.

(c) The recording of notice pursuant to subsection (a) of this Section shall not constitute an admission by the lien claimant that its status is that of subcontractor if it is later determined that the party with whom the lien claimant contracted was the owner or an agent of the owner.

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