Judiciary I - Civil Law Committee

Adopted in House Comm. on Mar 04, 2004

 

 


 

 


 
09300HB4215ham001 LRB093 15763 LCB 47822 a

1
AMENDMENT TO HOUSE BILL 4215

2     AMENDMENT NO. ______. Amend House Bill 4215 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 5. The Mechanics Lien Act is amended by changing
5 Section 24 as follows:
 
6     (770 ILCS 60/24)  (from Ch. 82, par. 24)
7     Sec. 24. Sub-contractors, or party furnishing labor or
8 materials, may at any time after making his or her contract
9 with the contractor, and shall within 90 days after the
10 completion thereof, or, if extra or additional work or material
11 is delivered thereafter, within 90 days after the date of
12 completion of such extra or additional work or final delivery
13 of such extra or additional material, or within 90 days of
14 substantial completion of a commercial project, whichever is
15 greater, cause a written notice of his or her claim and the
16 amount due or to become due thereunder, to be sent by
17 registered or certified mail, with return receipt requested,
18 and delivery limited to addressee only, to or personally served
19 on the owner of record or his agent or architect, or the
20 superintendent having charge of the building or improvement and
21 to the lending agency, if known; however, if the lot or lots
22 and tract or tracts of land in question are registered under
23 the provisions of "An Act concerning land titles", approved May
24 1, 1897, as amended, the notice shall not be served as above

 

 

09300HB4215ham001 - 2 - LRB093 15763 LCB 47822 a

1 stated, but shall be filed in the office of the registrar of
2 titles of the county in which such lot or lots and tract or
3 tracts of land are situated, and such notice shall not be
4 necessary when the sworn statement of the contractor or
5 subcontractor provided for herein shall serve to give the owner
6 notice of the amount due and to whom due, but where such
7 statement is incorrect as to the amount, the subcontractor or
8 material man named shall be protected to the extent of the
9 amount named therein as due or to become due to him or her. For
10 purposes of this Section, notice by registered or certified
11 mail is considered served at the time of its mailing.
12     The form of such notice may be as follows: To (name of
13 owner): You are hereby notified that I have been employed by
14 (the name of contractor) to (state here what was the contract
15 or what was done, or to be done, or what the claim is for) under
16 his or her contract with you, on your property at (here give
17 substantial description of the property) and that there was due
18 to me, or is to become due (as the case may be) therefor, the
19 sum of $.....
20     Dated at .... this .... day of ....., .....
21
(Signature).....
22 (Source: P.A. 84-551.)".