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General Contractors Notice to Owner?

Are general contractors required to send a notice to owners on commercial projects. We are building Burger King in Loves Park Illinois, which is in Winnebago County. We are not sure if the Owner of the project, which we have a contract with, is the owner of the property. They may be leasing the property from another corporation. Are we required to send a notice to owner for the property owner which we do not have a contract with?

1 reply

Aug 17, 2020

Anyone who does not have a direct contract with an owner in Illinois is required to send a 90-day notice before filing their claim. As the name suggests, the notice must be sent within 90 days of last furnishing labor or materials to the project. However, since you are unsure who the proper owner of the building is (owner vs. tenant), best practice would be to send the notice to both the person you contracted with, and the owner of the building (if it is someone else). If the owner didn't authorize the work, your lien recourse may be limited to the leasehold interest. If the owner is aware and authorized the work, then you will have needed to send notice to that owner in order to secure your lien rights. Here are some resources you may find helpful:

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