(30 ILCS 550/2)
(from Ch. 29, par. 16)
Every person furnishing material, apparatus, fixtures, machinery, or performing labor, either
as an individual or as a sub-contractor, hereinafter referred to as Claimant, for any contractor, with the
State, or a political subdivision thereof where bond or letter of
credit shall be executed as provided in this Act, shall have the right to
sue on such bond or letter of credit in the name of the State, or the
political subdivision thereof entering into such contract, as the case may
be, for his use and benefit, and in such suit the plaintiff shall file a
copy of such bond or letter of credit, certified by the party or parties in
whose charge such bond or letter of credit shall be, which copy shall,
unless execution thereof be denied under oath, be prima facie evidence of
the execution and delivery of the original; provided, however, that this
Act shall not be taken to in any way make the State, or the political
subdivision thereof entering into such contract, as the case
may be, liable to such sub-contractor, materialman or laborer to any
greater extent than it was liable under the law as it stood before the
adoption of this Act.
Provided, however, that any Claimant having a claim
for labor, material, apparatus, fixtures, and machinery furnished to the State shall have no such right of action
unless it shall have filed a verified notice of said claim with the
officer, board, bureau or department awarding the contract, within 180
days after the date of the last item of work or the furnishing of the
last item of materials, apparatus, fixtures, and machinery, and shall have furnished a copy of such verified
notice to the contractor within 10 days of the filing of the notice with
the agency awarding the contract.
When any Claimant has a claim for labor, material, apparatus, fixtures, and machinery furnished to a political subdivision, the Claimant shall have no right of action unless it shall have filed a verified notice of that claim with the Clerk or Secretary of the political subdivision within 180 days after the date of the last item of work or furnishing of the last item of materials, apparatus, fixtures, and machinery, and shall have filed a copy of that verified notice upon the contractor in a like manner as provided herein within 10 days after the filing of the notice with the Clerk or Secretary.
The Claimant may file said verified notice by using personal service or by depositing the verified notice in the United States Mail, postage prepaid, certified or restricted delivery return receipt requested limited to addressee only. The verified notice shall be deemed filed on the date personal service occurs or the date when the verified notice is mailed in the form and manner provided in this Section.
The claim shall be verified and shall contain
(1) the name and address of the claimant; the business address of the
Claimant within this State and if the Claimant shall be a foreign
corporation having no place of business within the State, the notice
shall state the principal place of business of said corporation and in
the case of a partnership, the notice shall state the names and
residences of each of the partners; (2) the name of the contractor for
the government; (3) the name of the person, firm or corporation by whom
the Claimant was employed or to whom he or it furnished materials, apparatus, fixtures, or machinery; (4)
a brief description of the public
improvement; (5) a description of the Claimant's contract as it pertains to the public improvement, describing the work done by the Claimant and stating the total amount due and unpaid as of the date of verified notice.
No defect in the notice herein provided for shall deprive the
Claimant of his right of action under this article unless it shall
affirmatively appear that such defect has prejudiced the rights of an
interested party asserting the same.
Provided, further, that no action shall be brought later than one year after the date of the
furnishing of the last item of work, materials, apparatus, fixtures, or machinery by the Claimant. Such action shall be
brought only in the circuit court of this State in the judicial circuit in
which the contract is to be performed.
The remedy provided in this Section is in addition to and independent of
any other rights and remedies provided at law or in equity. A waiver of rights
under the Mechanics Lien Act shall not constitute a waiver of rights under this
Section unless specifically stated in the waiver.
For the purposes of this Section, the terms "material", "labor", "apparatus", "fixtures", and "machinery" include those rented items that are on the construction site and those rented tools that are used or consumed on the construction site in the performance of the contract on account of which the bond is given.
(Source: P.A. 101-65, eff. 1-1-20