Preliminary Notice-Private Work

Warning: All information contained within this data base is subject to change at any time by the various states and is not guaranteed in any way by FWM Software. Nor does FWM Software assume any liability or responsibility for it's content. Please use in conjunction with advice from your attorney.

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.

Description: Notice of Supplying Labor or Materials

Scope: State of Illinois, Private Works.

Time Constraints: A Illinois Notice of Supplying Labor or Materials is required to be sent by subcontractors and Material men (prime contractors are exempt) under specific conditions:

1) For the owners commercial jobs exceeding $5,000, although we recommend using it for all private works jobs. It must be prepared and served upon the owners within 60 days of first furnishing labor, materials or services. Residential jobs should be covered by the Illinois Affidavit and Waivers of Liens, but court cases may change this. There is a different forms for residential jobs, so be sure to check the RESIDENTIAL field on your Project Page Entry.

2) Otherwise, a lien claim must be given within 90 days of your last furnishing of labor, materials or other services.

You may also serve the general contractors and lenders (and sureties, if one exists) by personal service or certified mail. Serving of the Notice on these parties is optional, but we recommend it.

You may still have lien rights even if you do not file a Notice of Supplying Labor or Materials, but you are limited to making claim on unpaid money due the prime contractor. If the General has been paid in full, you have no claims against the property. Sending your notices is very important.  When in doubt, send the notice even if the job may falling into the commercial category.

Information Requirements: The information required by the program and whether you intend to send an owner cover letter.

Form Types: Notice of Supplying Labor or Materials, Exhibits A-D (if needed) and Owner Letter (if used).

Procedures: Enter the program data, including Additional Legal Parties or Releases for Other Companies. Send copies of all of the forms (less the Owner Cover Letter and the Recorder Letter) to all legal owners, all general contractors, all lenders and all sureties. If you are supplying a sub-contractor of the project he must also receive a copy of the notice. We strongly urge mailing these notices as soon as possible.

When in doubt, file your claim immediately.

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