HB4215ham001 93RD GENERAL ASSEMBLY

Judiciary I - Civil Law Committee

Adopted in House Comm. on Mar 04, 2004

09300HB4215ham001 LRB093 15763 LCB 47822 a

AMENDMENT TO HOUSE BILL 4215

AMENDMENT NO. ______. Amend House Bill 4215 by replacing everything after the enacting clause with the following:

"Section 5. The Mechanics Lien Act is amended by changing Section 24 as follows:

(770 ILCS 60/24) (from Ch. 82, par. 24)

Sec. 24. Sub-contractors, or party furnishing labor or materials, 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, or within 90 days of substantial completion of a commercial project, whichever is greater, 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; however, if the lot or lots and tract or tracts of land in question are registered under the provisions of "An Act concerning land titles", approved May 1, 1897, as amended, the notice shall not be served as above stated, but shall be filed in the office of the registrar of titles of the county in which such lot or lots and tract or tracts of land are situated, 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).....

(Source: P.A. 84-551.)".