Illinois 90-Day Notice — Subcontractor & Material Notice Under 770 ILCS 60/24 (2026)
What Is the Illinois 90-Day Notice
The 90-day notice — formally the Subcontractor and Material Notice — is required by 770 ILCS 60/24 of the Illinois Mechanics Lien Act. Every sub-tier claimant who wants to preserve mechanics lien rights against an Illinois property must serve this notice. Original contractors with a direct contract with the owner do not serve the notice — they rely on the contractor sworn statement under 770 ILCS 60/5. Sub-tier claimants who miss the 90-day notice permanently lose Illinois lien rights.
Who Must Serve the Illinois 90-Day Notice
Subcontractors, sub-subcontractors, and material suppliers without a direct contract with the owner must serve the 90-day notice. The original contractor (GC) does not — the GC's role is to furnish the sworn statement under 770 ILCS 60/5 listing every subcontractor and supplier and the amounts due. The 90-day notice and sworn statement work together to allocate payment risk between owner, GC, and subs.
When the 90-Day Notice Must Be Served
Within 90 days of the claimant's last furnishing of labor or materials. For owner-occupied single-family residences, the deadline is shortened to 60 days from first furnishing under 770 ILCS 60/24(b). The clock runs from actual last furnishing — not from non-payment, not from default, not from when the dispute arose. Punch-list and warranty items generally do not extend the deadline. Service must be by personal delivery or registered/certified mail, return receipt requested.
Required Content of the Illinois 90-Day Notice
770 ILCS 60/24 requires the notice to identify (1) the claimant's name and address, (2) a description of the labor and materials furnished, (3) the amount due and unpaid, (4) the legal description or street address of the property, and (5) the name of the original contractor with whom the claimant subcontracted. The notice must be signed by the claimant or by the claimant's authorized agent. A defective notice can void the lien.
Owner-Occupied Residential 60-Day Window
770 ILCS 60/24(b) shortens the deadline to 60 days from first furnishing for owner-occupied single-family residences. The Illinois Supreme Court has interpreted owner-occupied narrowly to mean a property the owner uses as a principal residence, not investment or rental property. The 60-day rule pairs with the Consumer Notice obligation on the original contractor under 770 ILCS 60/5(b), which advises homeowners of mechanics lien exposure at contract signing.
After the Notice — Recording the Claim for Lien
Serving the 90-day notice is necessary but not sufficient. After the notice, the claimant must also record a Claim for Lien with the County Recorder within 4 months of last furnishing under 770 ILCS 60/7. Both the notice and the recording must be timely. After recording, the claimant has 2 years from last furnishing to commence foreclosure under 770 ILCS 60/9 — but a Section 34 demand under 770 ILCS 60/34 can compress that to 30 days.
Frequently Asked Questions
Who must serve the Illinois 90-day notice under 770 ILCS 60/24?
Subcontractors and material suppliers without a direct contract with the owner must serve the 90-day Subcontractor and Material Notice under 770 ILCS 60/24. Original contractors with a direct contract do not serve this notice — they rely on the contractor sworn statement under 770 ILCS 60/5.
When must the Illinois 90-day notice be served?
Subcontractors and suppliers must serve the 90-day notice on the owner within 90 days of the date the claimant last furnished labor or materials (60 days on owner-occupied single-family residences). Service must be by personal delivery or registered/certified mail with return receipt requested under 770 ILCS 60/24(a).
What information must the Illinois 90-day notice contain?
770 ILCS 60/24 requires the notice to identify the claimant's name and address, a description of labor and materials furnished, the amount due and unpaid, the legal description or address of the property, and the name of the original contractor. The notice must be signed by the claimant or authorized agent.
Are owner-occupied residences treated differently in Illinois?
Yes. For owner-occupied single-family residences, 770 ILCS 60/24(b) requires sub-tier claimants to serve the 90-day notice within 60 days (not 90) of first furnishing. The shortened window protects homeowners by alerting them earlier to potential sub-tier liens.
What happens if a subcontractor misses the 90-day Illinois notice?
Missing the deadline permanently extinguishes the subcontractor's right to enforce a mechanics lien against the property and against funds owed the prime. The claimant can still sue the prime for breach of contract, but the property-based lien remedy is gone. Illinois courts strictly construe the 90-day requirement.