Illinois Notice by Contractor to Claimant of Dispute of Claimant's Claim Described in Stop Notice or Notice to Withhold Funds to Holder of Funds

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Description

The right to execute and deliver a stop notice or a notice to withhold funds is a remedy closely related to a mechanic's lien. When a stop notice or a notice to withhold funds is received by an individual or a firm holding the construction funds for a project, the individual or firm must withhold from its disbursements sufficient money to satisfy the stop notice claim. In this form, the contractor is informing the claimant that he is contesting complainant's claim and sending a copy of this notice to the holder of the constructions funds.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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How to fill out Notice By Contractor To Claimant Of Dispute Of Claimant's Claim Described In Stop Notice Or Notice To Withhold Funds To Holder Of Funds?

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FAQ

A stop notice notifies either the prime contractor, property owner, or construction lender that payment is due and that they must withhold enough funds to pay your claim before payments continue to the general contractor. Failure to pay you could result in you stopping work or filing a bond claim.

Bond Requirements and Online Application The California Stop Notice Release Bond states that the Claimant in the matter should receive judgement in any action brought on said Claim. The bond holder should pay said judgement and costs to Claimant in an amount not exceeding the sum specified in this undertaking.

The deadline for contractors and subcontractors to file their statement of mechanic's lien is four months (not 120 days) from the last date of work (exclusive of warranty work or other work performed free of charge), or from the last date that materials were supplied to the project.

A stop payment notice (commonly referred to as a stop notice) is a claimant's written demand to the party holding construction funds (usually the owner or construction lender) to withhold a specified amount from the moneys otherwise due to the general contractor on a construction project.

Like a notice of completion, once a notice of cessation is recorded a prime contractor has 60 days (instead of 90) from the date the notice is recorded to record a lien; and the other claimants have only 30 days (instead of 90) from the date the notice is recorded to record a lien and/ or serve a stop notice.

The Stop Notice procedures involve three basic steps:First: If you are not the general contractor, serving a preliminary 20-day notice;Second: Serving the Stop Notice; and.Third: Filing a lawsuit to enforce the Stop Notice.

A stop notice is a document given for the purpose of stopping, intercepting, or freezing funds that have not yet been paid on a construction project in an attempt to ensure payment.

California's deadline to file a mechanics lien is 90 days after the completion of the project as a whole. However, if a notice of completion or cessation was filed, the deadline for subcontractors, suppliers, and other sub-tier parties is shortened to 30 days from the date the notice was filed.

On residential projects, the deadline to file a Texas mechanics lien is the 15th day of the 3rd month after the month in which the claimant last provided labor or materials.

Under Oregon law, a contractor or subcontractor must file a construction lien within 75 days after the person has ceased to provide labor, rent equipment or furnish materials or 75 days after completion of construction, whichever is earlier. ORS 87.035(1).

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Illinois Notice by Contractor to Claimant of Dispute of Claimant's Claim Described in Stop Notice or Notice to Withhold Funds to Holder of Funds