Starting January 1, 2025, Illinois subcontractors will see significant changes to how they can deliver lien notices under the Illinois Mechanics Lien Act. The updated law introduces more flexible delivery options and clearer timelines and reinforces the process for protecting lien rights. These changes are designed to make it easier and more reliable for subcontractors to serve notices and ensure timely payment for their work. Read on to learn what’s changing and how it benefits subcontractors.

Illinois Enacts HB 4660 to Streamline Notice Process

On August 9, 2024, Illinois Governor JB Pritzker signed HB 4660 into law, simplifying how subcontractors can secure their mechanics lien rights. Let’s look at these changes, when they go into effect, and how they help subcontractors get paid what they’ve earned.

Bill Overview

The Current Process

Under 770 ILCS 60/24, subcontractors in Illinois must provide a Notice of Intent to Lien within 90 days of the last date they furnished labor and/or materials to the project. This requirement is reasonably straightforward. However, the delivery method makes it difficult for subcontractors. The notice must be either personally served or mailed by registered or certified mail, with a return receipt requested. Delivery must be limited to the addressee only.

This method of mailing is particularly burdensome and presents a litany of challenges. The addressee may not be available at the time of delivery. Service can’t be completed if the individual is out of the office or on vacation. Even worse, the addressee may refuse to sign for it, and a signed green card is crucial when it comes to enforcement. This can add undue delays that could call into question whether the individual received notice. Anyone who regularly uses USPS can attest that it is not always the most reliable; mailing can be delayed or not even served due to internal system issues.

What’s Changing in 2025?

The new law introduces several updates, most notably by expanding the delivery options for notices. Starting in 2025, subcontractors will have the following methods of delivery available to serve this notice:

  • Certified or registered mail with return receipt requested (still an option, but delivery restricted to the addressee is not required);
  • A nationally recognized delivery company with tracking service (such as FedEx, UPS, or DHL); or
  • Personal service (handing the notice to the owner or agent).

First and foremost, eliminating “delivery restricted to the addressee” is a critical update to Illinois’ lien laws. However, adding major delivery carriers like UPS and FedEx helps ensure that subcontractors can track the delivery of their notices, increasing reliability and reducing the risk of missed or delayed deliveries.

Why This Matters for Subcontractors

Lien notices are critical for subcontractors to secure payment for their work. Under the current system, delays or missed deliveries due to issues with USPS or the addressee’s availability can result in an unenforceable lien. Using services like FedEx or UPS provides more flexibility, giving subcontractors the tools to ensure notices are timely and tracked correctly. This vast improvement increases the chances of a subcontractor’s lien being upheld.

Additionally, the new law clarifies when the notice is considered served. It is deemed served as soon as it is placed with the delivery service or in the mail. This eliminates ambiguity and helps subcontractors comply with the 90-day timeline for filing liens.

In short, HB 4660 is a win for subcontractors. The new law streamlines the notice process, making it easier to protect lien rights and get paid for work. By offering more reliable delivery options, clearer service timelines, and reduced dependence on outdated postal services, subcontractors can ensure that their notices reach the right people on time and are backed by proper tracking.

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