Illinois Preliminary Notice, Public Work
Preliminary Notice-Public 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.
Document Title: Notice of Right to Lien and Request for Copy of Public Bond.
Scope: State of Illinois, Public Work.
Time Constraints: None. Send anytime after the start of furnishing. There is no preliminary notice requirement in this state on Public Works.
However, you may have right to a Public Improvement lien on unpaid funds or a claim on the project bond. To preserve your right to a lien on unpaid funds, written notice of a potential claim must be sent to the public entity prior to the payment of funds. Notice must be provided to the clerk or secretary of the local government unit.
Use the Notice of Right to Lien to give notice and establish your right to place claim on unpaid funds. Then, if you are not paid, active your lien claim with a Illinois Bond or Lien Claim. See Illinois Bond or Lien Claim, Public Work, for more information.
In addition, since the payment bond can also be liened it is handy to know the facts of the bond. If you do not have a copy of the surety bond already, we strongly urge you to send this form. If you do have the information, you are ready to file your public lien claim.
Information Requirements: The information required by program.
Form Types: Notice of Right to Lien and Request for Copy of Public Bond, Exhibits A-D (if needed) and Owner Letter (if used).
Procedures: Enter the program data, including Additional Legal Parties or Releases for Other Companies. Copies of all of the forms must be sent to all public entities involved.
Important: Obtaining the public bond information, and filing against that bond, may represent your only chance of recovery if all public funds have been disbursed. We strongly urge you to obtain this information if at all possible.
Also, if you are planning to lien public funds (as opposed to the payment bond) you may wish to file a Bond or Lien Claim immediately. See memo on Illinois, Bond or Lien Claim (Public Works) for more information.
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