Illinois
Bond or Lien Claim-Public Work

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Note: This information is limited in scope and applies only to this document. Please see the general information, all forms memo, and the general information memo for this type of document, for additional information.

Document Title: Notice of Claim on Bond and Lien for Public Improvement.

Scope: State of Illinois, Public Works.

Time Constraints: Action on your claim depends on what you are attempting to lien.

Public Funds: Serve copies of the Notice of Claim on Bond and Lien for Public Improvement on the director or official of the public entities that awarded the contract any time after commencement of furnishing your labor, materials or services. This lien will attach only to funds which have not been paid to the prime contractor for your portion of the project, and, if the prime contractor has made a demand for payment, your claim must be made within 30 days of his claim. It can be helpful to establish a right to claim funds with a preliminary notice of right to make a claim. See Illinois Bond or Lien Claim, Public Work, for more information.

Payment Bond: File the Notice of Claim with director or official of the public entities that awarded the contract within 180 days of last furnishing labor, materials or services. Also serve a copy of the Notice of Claim on the prime contractor and your contractor within 10 days of serving the public entity.

Perfection: Actions again depend on what you are attempting to lien:

Public Funds: File suit on the to recover the funds within 90 days of serving the lien claim or the lien claim will be terminated.

Payment Bond: Suit may not be filed against the sureties to enforce the payment bond until 120 days after your last furnishing of labor, materials or service unless the final payment has been made by the public entities to the prime contractor. In any case, suit must be filed within 6 months of the acceptance of the work.

The usual remedy is to file to enforce all claims in one suit (see below, Procedures). In any case, we strongly recommend that your attorney handle the enforcement actions to perfect your lien claims.

Information Requirements: Program information and information for Exhibits A-D, any additional costs as to legal fees, court costs and interest charges (don't pass these up. Estimate if necessary. Public entities and sureties will reserve only for the amount you claim), and the name of the county where the project is performed.

Form Types: Notice of Claim on Bond and Lien for Public Improvement and Exhibit's A-D, if needed.

Procedures: Prepare your documents using the required information. Serve the Notice of Claim on Bond and Lien for Public Improvement immediately on the public entities and sureties. Suit may be filed subject to the time constraints listed above.

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