I believe this to be a public job. The job site is Danville Community College. The bill has not been paid because the GC has not been paid. The GC stated end customer says there is no funding. With this being a public job, how long do we have to file against the payment bond? Our last date on the job site was 12/24. Is there a notice required prior to filing against the bond? Please advise
In Illinois, a subcontractor must file a bond claim within 180 days after the date of last furnishing labor and/or materials to the project, and a copy of the claim must also be sent to the general contractor within 10 days of filing. Illinois also has a "lien on contract funds" for public projects, for which there is no specific deadline, however, this claim type is only effective with respect to funds that have not yet been paid by the public entity to the general contractor.
Additionally, a lawsuit must be filed to enforce the bond claim within 1 year from last furnishing labor/materials. And, a lien on contract funds must be enforced within 90 days after service of the notice of claim.