What did Illinois HB 4660 change about mechanic lien notices?

HB 4660 (Public Act 103-0827) amended Section 24 of the Illinois Mechanics Lien Act (770 ILCS 60/24), effective January 1, 2025. The law modernized how subcontractors and suppliers deliver their 90-day Notice of Intent to Lien by adding nationally recognized delivery services (FedEx, UPS, DHL) with tracking as a valid delivery method alongside certified mail and personal service. It also eliminated the requirement that certified mail be sent with 'delivery restricted to the addressee only.'

When did the new Illinois mechanic lien notice rules take effect?

The changes under HB 4660 took effect on January 1, 2025. Any Section 24 notice served on or after that date may use the new delivery methods. Notices served before January 1, 2025 are governed by the prior version of the statute.

Can I still send my Section 24 notice by certified mail after HB 4660?

Yes. Certified mail with return receipt requested remains a valid delivery method. The key change is that restricted delivery to the addressee only is no longer required. This means the notice can be signed for by an authorized agent, office manager, or other person at the delivery address — significantly reducing the risk of failed delivery.

What delivery services qualify as a 'nationally recognized delivery service' under HB 4660?

The statute does not define the term, but it is generally understood to include FedEx, UPS, and DHL — companies that provide nationwide delivery with package tracking. The critical requirement is that the service must provide tracking so that you can prove the notice was delivered. Same-day courier services and local messenger services may not qualify unless they offer verifiable tracking.

Does HB 4660 change the 90-day deadline to serve a Section 24 notice?

No. The 90-day deadline is unchanged. Subcontractors and suppliers who do not have a direct contract with the property owner must still serve their Section 24 notice within 90 calendar days of their last date of furnishing labor or materials. HB 4660 only changed how the notice can be delivered — not when it must be served.

Do general contractors need to worry about HB 4660?

Generally no. The Section 24 notice requirement applies to subcontractors, sub-subcontractors, and material suppliers who do not have a direct contract with the property owner. General contractors with a direct owner contract are not required to serve a Section 24 notice. However, general contractors should be aware that their subcontractors now have easier methods to perfect lien rights, which could affect the owner's exposure on a project.

What happens if I used restricted delivery before January 1, 2025?

Notices served before January 1, 2025 are governed by the prior version of Section 24, which required certified or registered mail with delivery restricted to the addressee, return receipt requested. If you served a notice under the old rules using restricted delivery, that notice is valid under the law as it existed at the time of service.

Illinois HB 4660: How New Notice Rules Change Mechanic Lien Compliance in 2025

On August 9, 2024, Governor JB Pritzker signed House Bill 4660 into law as Public Act 103-0827. The law amends Section 24 of the Illinois Mechanics Lien Act (770 ILCS 60/24) — the provision that requires subcontractors and suppliers to serve a written notice on the property owner before filing a mechanic lien. The changes took effect on January 1, 2025.

For Illinois subcontractors and suppliers, this is the most significant procedural change to mechanic lien compliance in years. The amendment does not change what must be in the notice or when it must be sent. It changes how the notice can be delivered — and it eliminates one of the most common technical traps that caused contractors to lose their lien rights entirely.

What Is the Section 24 Notice?

Under Illinois law, any contractor who does not have a direct contract with the property owner must serve a written notice of intent to lien before recording a mechanic lien claim. This includes first-tier subcontractors, sub-subcontractors, material suppliers, and equipment lessors.

The notice must be served within 90 calendar days of the claimant's last date of furnishing labor or materials for the project. If the notice is not served — or is not served properly — the claimant's mechanic lien rights are permanently forfeited. There is no cure and no second chance. See our complete guide to subcontractor lien deadlines for the full timeline.

The notice must be sent to the property owner (or the owner's agent, architect, or superintendent in charge of the project) and to any lending agency whose identity can be determined by reasonable diligence.

What HB 4660 Changed: Delivery Methods

Before January 1, 2025, Section 24 required the notice to be sent by one of two methods:

Certified or registered mail, delivery restricted to the addressee, return receipt requested, or
Personal service (hand-delivery to the property owner or authorized agent)

The "restricted delivery" requirement was the source of countless problems. Under USPS rules, restricted delivery means the letter can only be signed for by the specific person named as the addressee — not by a receptionist, office manager, spouse, or any other person at the address. If the addressee was not available to sign, the letter was returned as undeliverable. If the contractor did not re-send it in time, the 90-day window closed and lien rights were permanently lost.

HB 4660 made three changes:

1. It eliminated the restricted delivery requirement for certified mail. Certified mail with return receipt requested is still a valid delivery method, but the notice no longer needs to be restricted to the addressee only. This means anyone at the delivery address can sign for the letter — dramatically reducing the risk of failed delivery.

2. It added nationally recognized delivery services as a valid delivery method. Subcontractors can now send the Section 24 notice via FedEx, UPS, DHL, or any other nationally recognized delivery company, provided the service includes tracking. This gives contractors real-time visibility into whether the notice was actually delivered.

3. It preserved personal service as a valid option. Hand-delivery to the property owner or authorized agent remains valid. This is unchanged from prior law.

Why This Matters: The Restricted Delivery Problem

The restricted delivery requirement under the old law was a procedural minefield. Consider this scenario:

A subcontractor on a commercial project in Cook County finishes work on March 1. The subcontractor's office sends the Section 24 notice by certified mail, restricted delivery, return receipt requested, on May 15 — well within the 90-day window. The USPS attempts delivery three times over two weeks. Each time, the property owner is not available to sign. The letter is returned as undeliverable on May 30. The subcontractor re-sends the notice on June 1, but the second attempt is also returned. By June 1, the 90-day deadline has passed. The subcontractor's lien rights are gone — permanently — because of a delivery technicality that had nothing to do with the merits of the claim.

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This was not a hypothetical. It happened routinely. The restricted delivery requirement gave property owners an unintended way to defeat lien claims simply by being unavailable to sign for certified mail.

HB 4660 closes this gap. By eliminating the restricted delivery requirement and adding FedEx/UPS as alternatives, the law gives subcontractors reliable, trackable delivery options that do not depend on the addressee personally signing for a letter at the exact moment the postal carrier arrives.

What Did Not Change

HB 4660 is a narrow, targeted amendment. It changed only the delivery methods for the Section 24 notice. The following requirements are unchanged:

90-day deadline: The notice must still be served within 90 calendar days of the claimant's last date of furnishing. This deadline is strict and absolute.
Notice content: The notice must still include the statutory content required by Section 24(a), including a description of the labor or materials furnished and a statement of the amount due or to become due.
Who must be served: The notice must still be sent to the property owner (or agent/architect/superintendent) and any known lending agency.
Who must send it: The notice requirement still applies only to claimants who do not have a direct contract with the property owner — primarily subcontractors, sub-subcontractors, and material suppliers.
Other deadlines: The 4-month lien recording deadline, the 2-year foreclosure enforcement deadline, and the 60-day residential notice requirement are all unchanged.

Practical Guidance for Subcontractors and Suppliers

Now that HB 4660 is in effect, here is what we recommend for Illinois subcontractors and suppliers:

Use FedEx or UPS with tracking for all Section 24 notices. These services provide reliable delivery confirmation, real-time tracking, and proof of delivery — all of which are critical if the notice is ever challenged. Save the tracking receipt and delivery confirmation in your project file.

If you use certified mail, you no longer need restricted delivery. Send the notice by certified mail, return receipt requested. Do not add the restricted delivery option. Under the new law, any person at the delivery address can sign for the letter.

Continue to serve the notice early. Do not wait until day 85 of the 90-day window. Serve the notice as soon as you begin furnishing labor or materials — or as soon as you have any concern about payment. Early service gives you time to re-send the notice if the first attempt fails.

Keep proof of everything. Whether you use FedEx, UPS, certified mail, or personal service, retain all tracking numbers, delivery receipts, return receipts, and any other proof of delivery. If a property owner challenges the validity of your notice, you will need this documentation.

Update your internal processes. If your office has a standard procedure for sending Section 24 notices, update it to reflect the new delivery options. Train your staff on the changes so that every notice is sent correctly.

How This Affects Your Lien Rights

HB 4660 does not create new lien rights or change when notices must be sent. What it does is remove one of the most common procedural barriers that prevented subcontractors from perfecting valid lien claims. Under the old law, a subcontractor could do everything right — perform the work, track the 90-day deadline, prepare a compliant notice — and still lose lien rights because the postal carrier could not deliver a restricted letter.

That risk is now substantially reduced. With FedEx, UPS, and unrestricted certified mail as options, subcontractors have reliable, trackable methods to deliver Section 24 notices and document proof of delivery.

For a comprehensive overview of Illinois subcontractor lien requirements — including Section 24 notice content, lien amount limitations, and owner defenses — see our subcontractor lien requirements guide. For the complete deadline timeline, visit our subcontractor lien deadlines page. To check your specific deadlines, use our Illinois mechanic lien deadline calculator.

If you have questions about how HB 4660 affects your current or upcoming projects, or if you need help serving a Section 24 notice, contact our office for a consultation.