Menu
Home>Levelset Community>Legal Help>Why do I have to send a 90 day notice first ?

Why do I have to send a 90 day notice first ?

Illinois

For this specific property. Last time I went to court the opposing lawyer fought that if a 60 day notice wasn't sent, it makes the lien defective on its face. “”

4 replies

Feb 14, 2022

I also don't know why?

the impossible quiz 

0
Report Spam
Feb 14, 2022

Since subcontractors and suppliers do not have a direct contractual relationship with the Owner, the Mechanics Lien Act imposes an additional burden for them to perfect their lien claims. 

The subcontractor or supplier must serve the owner and owner’s lender with a 60–day notice of intent to lien single family, owner–occupied property, and a 90-day notice for other types of property. 

As with a General Contractor, a subcontractor or supplier must file suit within 2 years of last supplying labor or materials to enforce its lien. Failure to do so renders the lien claim null and void. 

Finally, even if the subcontractor or supplier fails to serve its notice, it can still enforce its lien claim - but only up to the amount listed the GC's sworn statement.

I hope this information was helpful. Best of luck.

0 people found this helpful
Helpful
Feb 15, 2022
It depends on the type of real estate and who you are dealing with. If you are considered a subcontractor under the statue versus a contractor the notices are different. It’s also different if you’re dealing with residential versus commercial property. The Illinois statute is very hyper technical and you must strictly follow the letter of the law. If you’ve blown your rights under the statute, you can still super breach of contract and unjust enrichment.
0 people found this helpful
Helpful
Feb 15, 2022

If you are a subcontractor, you must serve the notice, but it need not be served first. You cand serve it together with a lien as long as it is sent timely and by certified mail or personally delivered. A subcontractor is also required to send a 60 day notice to owners of an owner-occupied residence. However, if the notice is not served, the sub's lien will be reduced to the extent the owner was prejudiced by failure to receive the notice. 
 
0 people found this helpful
Helpful