| A. Perfecting a Lien Claim - Private Construction | | | | is filed within the 90 days the public entity must hold the |
| Projects. | | | | funds until the final adjudication of the suit or may |
| Contractors bringing a claim against lenders, | | | | deposit the funds with the clerk of the court where the |
| purchasers and encumbrances must (1) record claim | | | | suit was filed. |
| or bring suit within 4 months of the last day completed | | | | If the public entity no longer has any contract funds |
| work, and (2) file suit within 2 years. Contractors | | | | at the time it receives the notice, then there is no |
| bringing a claim against the owner must file suit within 2 | | | | recovery. |
| years. | | | | Must file suit for accounting within 90 days of |
| Subcontractors bringing a claim against owner | | | | giving Notice of Lien. The public entity does not have to |
| occupied single family residents must give notice of lien | | | | be a party to the lawsuit. The state of Illinois cannot be |
| to the occupant of the resident within 60 days of first | | | | a defendant, but other public entities may. |
| furnishing materials or labor. Subcontractors bringing a | | | | On State Projects, suit shall be commenced and a |
| claim against owner, lender, purchaser and | | | | copy of the complaint must be delivered to the |
| encumbrances must (1) give notice of lien within 90 | | | | Director not less than fifteen days prior to the date |
| days of the last day completed work, (2) record claim | | | | when the appropriation from which the money is to be |
| or bring suit within 4 months of the last day work | | | | paid will lapse. |
| completed, (3) if no notice is given, subcontractor has | | | | A public lien is a claim against money, bonds, |
| lien for amount shown on contractor's sworn | | | | warrants, or other means of payment from the public |
| statement; and (4) file suit within 2 years. | | | | body. |
| Demand for suit. Any party of interest can | | | | Mechanics lien's are not permitted against Federal |
| demand that the claimant file suit to enforce their lien | | | | Buildings. |
| within 30 days or the lien is forfeited. | | | | C. The Miller Act governs Federal construction project. |
| Private construction lien claims attach to the real | | | | Every person who furnished labor or material has |
| property. | | | | a right to sue under the Miller Act against a payment |
| Time Requirements are Jurisdictional; thus, if you | | | | bond upon the expiration of 90 days after his last day |
| miss a date, the courts have no authority to enforce | | | | of work. |
| your rights. | | | | A sub-subcontractor must provide the general |
| B. Perfecting a Lien Claim - Public Construction | | | | contractor written notice of its Miller Act claim within 90 |
| Projects | | | | days of his last day of work. |
| There is no time period for providing Notice of Lien. | | | | The Miller Act provides that no suit shall be |
| Give written notice of lien to public entity. | | | | commenced after the expiration of one year after the |
| For State Project - must provide sworn statement | | | | day on which the last of the labor was performed or |
| of claim | | | | material was supplied. |
| Upon receiving the Notice, the public entity must | | | | The Miller Act's requirement of bringing suit within |
| hold all monies or other form of payment due the | | | | the prescribed time is a condition precedent to the right |
| general contractor for 90 days. If no suit is filed within | | | | to maintain the action. |
| 90 days the public entity can release the money. If suit | | | | |