Section 770 ILCS 60/5 - [Effective 1/1/2025] Statement of contractor and notice to owner of owner-occupied single-family residence(a) It shall be the duty of the contractor to give the owner, and the duty of the owner to require of the contractor, before the owner or the owner's agent, architect, or superintendent shall pay or cause to be paid to the contractor or to the contractor's order any moneys or other consideration due or to become due to the contractor, or make or cause to be made to the contractor any advancement of any moneys or any other consideration, a statement in writing, under oath or verified by affidavit, of the names and addresses of all parties furnishing labor, services, material, fixtures, apparatus or machinery, or forms or form work and of the amounts due or to become due to each. Merchants and dealers in materials only shall not be required to make statements required in this Section.(b) The following shall apply to an owner-occupied single-family residence: (i) Each contractor shall provide the owner or the owner's agent, either as part of the contract or as a separate printed statement given before the owner or the owner's agent makes the first payment for labor, materials, fixtures, or apparatus or machinery, the following notice in at least 10 point boldface type: "THE LAW REQUIRES THAT THE CONTRACTOR SHALL SUBMIT A SWORN STATEMENT OF PERSONS FURNISHING LABOR, SERVICES, MATERIAL, FIXTURES, APPARATUS OR MACHINERY, OR FORMS OR FORM WORK BEFORE ANY PAYMENTS ARE REQUIRED TO BE MADE TO THE CONTRACTOR."
If the owners of the property are persons living together, the aforesaid statement is conclusively presumed given to each such owners if given to one of them.
Amended by P.A. 103-0827,§ 5, eff. 1/1/2025.Amended by P.A. 094-0627, § 5, eff. 1/1/2006.This section is set out more than once due to postponed, multiple, or conflicting amendments.