Notice of Claim770 ILCS 60/0.01 et seq.

Illinois Preliminary Notice Requirements

Illinois requires you to send a "Notice of Claim" to protect your mechanics lien rights. Here's everything you need to know — who to send it to, when to send it, and how to deliver it.

Notice Required?

Yes

Must send to preserve lien rights

Deadline

90 days

From first furnishing

Late Notice?

No

Send on time

Notice Type

Intent to Lien

Understanding Preliminary Notices in Illinois

Illinois uses an intent-to-lien system, which works differently from a preliminary notice. You don't need to send anything at the beginning of a project. Instead, if you haven't been paid and you're planning to file a mechanics lien, you first send a “Notice of Claim”.

Think of it as a formal demand letter that says: “I haven't been paid for my work, and if you don't resolve this, I'm going to file a lien on your property.” It gives the property owner one final opportunity to pay before you take legal action. Many payment disputes are actually resolved at this stage — the notice itself is often enough motivation for owners to pay up.

Who Needs to Send a Preliminary Notice in Illinois?

This applies to nearly everyone who works on a construction project and wants to protect their payment rights. That includes general contractors, subcontractors (electricians, plumbers, roofers, etc.), material suppliers (lumber, concrete, fixtures), equipment rental companies, laborers, architects and engineers, and surveyors. The specific rules — like who you need to notify and your deadline — depend on your role. Check the table below to see exactly what applies to you.

Why Preliminary Notices Matter

The Notice of Claim is what keeps your lien rights active in Illinois. It's standard paperwork — sending it on time protects your payment on every project.

Who Must Receive the Notice of Claim?

Who you need to notify depends on your role on the project. Here's a simple breakdown:

If You Are A...You Must Notify...
General ContractorNo notice typically required (direct contract with owner)
SubcontractorProperty Owner, lending agency
Material SupplierProperty Owner, lending agency
LaborerProperty Owner, lending agency
Equipment Rental CompanyProperty Owner, lending agency
Architect / Engineer / SurveyorProperty Owner, lending agency

How to Deliver the Notice in Illinois

Use one of the approved delivery methods below to make sure your notice is valid. Illinois accepts these methods:

Certified Mail — You send via USPS and get a green receipt card proving the notice was delivered. This is the gold standard because it creates clear proof of delivery.

Registered Mail — The most secure mail option. USPS tracks your letter at every step with a chain of custody. More expensive than certified, but provides maximum security.

Personal Delivery — You (or someone you designate) hand-deliver the notice directly to the recipient. Make sure to get a signed acknowledgment as proof.

Statutory Notice Language

Illinois law requires your Notice of Claim to include specific warning language. This isn't language you write yourself — it's exact wording specified by 770 ILCS 60/0.01 et seq.. Using the wrong language (or leaving it out) can invalidate your notice. LienGrid automatically includes the correct statutory language for Illinois.

Owner Warning Language (excerpt from 770 ILCS 60/0.01 et seq.)

You are hereby notified that the undersigned has been employed by the contractor identified herein to furnish labor, services, equipment, or materials under the contractor's contract with you, on your property described herein, and that there is due to the undersigned, or is to become due, the amount stated below. This notice is provided pursuant to 770 ILCS 60/24. Under Illinois law, subcontractors and parties furnishing labor, materials, fixtures, apparatus, machinery, or services for the imp...

Official Illinois Resources

These are official state government websites where you can look up statutes, verify contractor licenses, and search business registrations.

Preliminary Notice Requirements by County in Illinois

Select your county for specific guidance on sending preliminary notices in your area.

102 counties found

Illinois Preliminary Notice FAQ

Common questions about preliminary notices in Illinois, answered so anyone can understand.

A preliminary notice is a simple document you send near the beginning of a construction project to let the property owner (and sometimes the general contractor and lender) know that you're working on their property. It's NOT a threat, a lien, or a sign that something is wrong — it's a standard business practice required by law in many states. Think of it as "checking in" to say: "I'm providing labor/materials on this project, and I expect to be paid." In Illinois, this document is officially called the "Notice of Claim" and is governed by 770 ILCS 60/0.01 et seq..
Yes, Illinois requires it. If you skip this step, you could lose your right to file a mechanics lien later — which means you'd have much less legal leverage if you don't get paid. In Illinois, you send the "Notice of Claim" before filing a mechanics lien, as a final demand for payment. The notice requirement exists to ensure transparency on construction projects — everyone involved should know who is providing labor and materials.
You have 90 days from the date you FIRST provide labor or materials to the project. Your "clock starts" on your very first day of work or your first delivery. For example, if you delivered lumber on March 1st, you'd need to send the Notice of Claim by 90 days later. Pro tip: send the notice as soon as you start a project — don't wait until the deadline is close.
In Illinois, it's officially called the "Notice of Claim" (formal document title: "SUBCONTRACTOR NOTICE OF CLAIM"). Different states use different names for essentially the same concept — you might hear it called a "preliminary notice," "notice to owner," "notice of furnishing," or "pre-lien notice" depending on the state. The Illinois version follows the requirements laid out in 770 ILCS 60/0.01 et seq..
It depends on your role on the project. Here's a simple breakdown: General contractors typically don't need to send a preliminary notice (since they're already in a direct contract with the owner). Subcontractors (hired by the GC or another sub) must notify: the property owner, lending agency. Material Suppliers must notify: the property owner, lending agency. Laborers follow the same rules as subcontractors and must notify: the property owner, lending agency. Equipment rental companies follow material supplier rules and must notify: the property owner, lending agency. Design professionals (architects, engineers, surveyors) must notify: the property owner, lending agency. It's critical to send the notice to ALL required parties — missing even one can weaken your legal standing.
Illinois accepts these delivery methods: Certified Mail, Registered Mail, Personal Delivery. Most people use certified mail because it gives you a receipt proving the notice was sent AND received — this is your proof if there's ever a dispute. Keep the receipt and tracking number in your project file. Important: if you use a delivery method that isn't on the approved list, your notice could be considered legally invalid even if the recipient actually received it. Don't take shortcuts with delivery.
Yes — Illinois requires the Notice of Claim to include specific warning language spelled out in 770 ILCS 60/0.01 et seq.. This isn't language you make up yourself. The state has exact wording that must appear on the notice, explaining to the property owner their rights and the potential consequences of unpaid work. Using the wrong language (or leaving it out) could make your notice invalid. This is one reason many contractors use tools like LienGrid — it automatically includes the correct statutory language for Illinois so you don't have to worry about getting it wrong.
This is a big deal: if you skip the required Notice of Claim in Illinois, you could completely lose your right to file a mechanics lien. That means if you're not paid for $50,000 worth of work, you might have no lien to fall back on. You could still pursue other legal options like breach of contract lawsuits, but those are more expensive and time-consuming than filing a lien. The preliminary notice is your insurance policy — a small upfront step that protects potentially large payments down the road. Never skip it.
Illinois's Notice of Claim requirements apply to both types of projects, but there can be important differences. Residential projects (homes, condos, small apartments) often have extra protections for homeowners — for example, some states require additional disclosures or have shorter deadlines for residential work. Commercial projects (offices, retail spaces, industrial buildings) may have different thresholds or requirements. Always check 770 ILCS 60/0.01 et seq. for the specific rules that apply to your project type, or use a compliance tool like LienGrid that automatically adjusts for the project type.
Yes — LienGrid automates the entire preliminary notice process for Illinois. Instead of manually tracking deadlines, looking up who needs to receive the notice, and making sure you use the right legal language, LienGrid does it all for you. The platform generates your Notice of Claim with the correct Illinois statutory language, identifies every required recipient, tracks your 90-day deadline, and can even send the notice via Certified Mail, Registered Mail, Personal Delivery on your behalf. It's the easiest way to stay compliant and protect your right to get paid. Try it free — no credit card required.
View Illinois mechanics lien filing requirements

Preliminary Notice Rules in Neighboring States

Content reviewed by LienGrid's compliance team|Last reviewed: March 2026

This information is for general guidance only and does not constitute legal advice. Illinois laws change frequently — always verify current requirements and consult a licensed attorney in the relevant jurisdiction before taking legal action. LienGrid makes every effort to keep this information accurate, but we cannot guarantee completeness or currency.

Ready to stop worrying about paperwork?

Focus on Your Work. We'll Protect Your Pay.

Thousands of contractors trust LienGrid to automate compliance — notices, deadlines, waivers, and lien filings. Start free and see for yourself.