Appendix E Check List: Liens on Public Funds and Claims Against Payment Bonds
Library | Turner on Illinois Mechanics Liens (2016 Ed.) |
A. Gathering Information
1. Identifying the public body.
2. Identifying the contractor.
3. Identifying the public improvement contract.
a. Who is the contract with?4. Obtaining a copy of the bond.
b. Is it a public improvement contract?
5. Determining the persons in the chain of contract between the contractor and the claimant.
6. Determining whether the work is:
a. lienable; and7. Determining the amount due the claimant as of the date the notice is to be served.
b. within the scope of the work covered by the bond.
8. Determining the claimant's last day of work.
9. Determining the identity of public officials who are to be served with notices.
a. Clerk or Secretary of Unit of Local Government.
b. Agency of State. "Officer, board, bureau, or department awarding the contract."
B. Notices of Claim for Lien Against Public Funds under 770 ILCS 60/23
1. Necessity of serving notice
a. No lien exists until a notice is served.
b. The amount of the lien is limited to the lesser of the amount claimed in the notice or the amount due or to become due the contractor when the notice is served.
...c. Requirements of notice are construed strictly in derogation of the common law. There are few exceptions.2. Form of Notice.
a. A sworn statement.3. Right to object to form or Service of Notice.
b. Identifying the claimant's contract.
c. Describing the contract between the contractor and the public body.
d. Stating the total amount due and unpaid as of the date of the notice.
a. The public body.4. Who Should Be Served?
b. The contractor.
c. Others having claims to the fund?
a. If the State is the public body, notice should be served on the Director or other official of the State whose duty it is to let such contract.5. How notices of claim for lien should be served.
b. If a unit of local government is the public body, notice should be served on the Clerk or Secretary of the unit of local government.
c. In all cases, notice should be served upon every party in the chain of contract between the public body and the claimant.
a. Certified or registered mail return receipt requested delivery limited to addressee only; or6. When notices of claim should be served.
b. Personal service.
a Within 30 days after the claimant is served by certified mail return receipt requested with a demand to serve a notice of claim for lien.
b. While funds are still due or to become due to the contractor from
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- Turner on Illinois Mechanics Liens
- Front Matter
- Acknowledgements
- Table of Contents
- Introduction
- Chapter I What Are the Elements of a Mechanics Lien? 770 Ilcs 60/1(a) and (b) Explained
- Chapter II Practical Considerations
- Chapter III Making a Lien Against Private Property Enforceable
- Chapter IV Filing Suit, Pleadings, Remedies, and Related Matters
- Chapter V Burden of Proof, Proof, Certain Defenses, and Damages
- Chapter VI Public Policy Issues
- Chapter VII Statutes of Limitation and Related Matters
- Chapter VIII Payouts, Waivers, Sworn Statements, Statutory and Constructive Trusts, and Wrongful Payments
- Chapter IX Liens on Public Funds and Claims Against Statutory Bonds
- Chapter X Bankruptcy and Mechanics Liens
- Appendix A Check List: Practical Considerations
- Appendix B Check List: Making a Lien Against Private Property Enforceable
- Appendix C Check List: Filing Suit, and Amendments to Pleadings
- Appendix D Check List: Proving a Mechanics Lien Claim
- Appendix E Check List: Liens on Public Funds and Claims Against Payment Bonds
- Appendix F Check List: Defendants
- Appendix G Check List: Owners and Lenders on Payouts
- Index
- About the Authors
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