There are two forms which every contractor and supplier should have at the ready.  They are the Notice of Lien Right and Lien Notice. 

The Notice of Lien Right serves notice upon the buyers / owners and the General Contractor, superior Subcontractors, and Suppliers.  It states you, as Subcontractor (including all second-tier and third-tier subcontractors) or Supplier, have a contract to provide labor and/or materials for project. You may also wish to serve this notice upon mortgage holder(s) to assure payments.

This is a highly effective document announcing your participation in the project and to ensure you receive payment (reflected in the superior Contractor's Affidavit), and in accordance with the amounts stated in your Waiver of Lien.

Copy distribution provides some direction for necessary parties:
Copy Distribution:   Buyer(s)     Contractor   Sub-Contractor   Supplier

The Notice of Lien Right is required in some states to ‘perfect’ your lien against the property, including Illinois. 

A Lien Notice is required to file a lien. 

If you have not been paid for your work, the final step before litigating a lien is a Lien Notice served upon the appropriate party/parties, including the owner and the contractor (General Contractor, superior Subcontractor).

The Lien Notice is required in all states to ‘perfect’ your lien.

With regard to Notice of Lien Right and Lien Notice, variations occur from state to state as to:  time of notice; parties whom must be notified; notice to residential buyers/owners; notice to commercial buyers/owners; lien priority (i.e., based upon the general rule “first in time, first in right” principle); and so forth.

Consult an attorney for your particular needs.

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