ILCS » Chapter 770 · Act 60
Illinois Compiled Statutes

770 ILCS 60/5 (2026)

Statement of contractor and notice to owner of owner-occupied single-family residence

✓ current as of May 2026
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(770 ILCS 60/5) (from Ch. 82, par. 5)
    Sec. 5. 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.
        (ii) (Blank).
        (iii) (Blank).
(Source: P.A. 103-827, eff. 1-1-25.)

    
Notes of Decisions
Cited in 36 cases (5 in the last 5 years), 1996–2025 · leading case: Crawford Supply Co. v. Schwartz, 919 N.E.2d 5 (Ill. App. Ct. 2009).
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Crawford Supply Co. v. Schwartz, 919 N.E.2d 5 (Ill. App. Ct. 2009). · cites it 14× “In its response, plaintiff claimed that the motion to dismiss should be denied because the Schwartzes had an obligation under section 5 of the Act (770 ILCS 60/5 (West 2006)) to demand a sworn statement from Premier of all subcontractors’ claims for work performed on the subject…”
MD Elec. Contractors, Inc. v. Abrams, 888 N.E.2d 54 (Ill. 2008). · cites it 2× “" 770 ILCS 60/5(b)(ii) (West 2006). If the Home Repair and Remodeling Act required each subcontractor, before work began, to "furnish to the customer for signature a written contract or work order that states the total cost, including parts and materials listed with reasonable…”
LaSalle Bank Nat'l Ass'n v. Cypress Creek 1, LP, 950 N.E.2d 1109 (Ill. 2011). · cites it 2× “While the court might not see a meaningful distinction between owners and incumbrancers, the General Assembly does because the Act distinguishes between owners (770 ILCS 60/4, 27 (West 2006)), incumbrancers (mortgagees) (770 ILCS 60/16 (West 2006)), contractors (770 ILCS 60/1…”
Weather-Tite, Inc. v. Univ. of St. Francis, 909 N.E.2d 830 (Ill. 2009). “) 770 ILCS 60/5 (West 2004). Contrary to the University’s argument, section 5 does not require an owner to pay the general contractor upon receipt of a sworn statement listing the subcontractors.”
Nw. Millwork Co. v. Komperda, 788 N.E.2d 399 (Ill. App. Ct. 2003). · cites it 2× “They argued further that, because the right to proceed on a mechanic's lien depends upon the ability to recover for a breach of a valid contract with the property owner, under res judicata principles, the mechanic's lien claim likewise must fail. The Komperdas attached their…”
All. Steel, Inc. v. Piercy, 660 N.E.2d 1341 (Ill. App. Ct. 1996). · cites it 5× “Alliance argues that Piercy breached his duty under section 5 of the Mechanics Lien Act (Act) (770 ILCS 60/5 (West 1994)) to demand a sworn written statement from the contractor listing the subcontractors and amounts due or to become due each.”
Bricks, Inc. v. C & F Developers, Inc., 836 N.E.2d 743 (Ill. App. Ct. 2005). · cites it 2× “In accordance with section 5 of the Mechanics Lien Act (770 ILCS 60/5 (West 2000)), C&F, as the general contractor, deposited sworn statements with Cole Taylor Bank on November 1, 2001, and December 6, 2001, detailing the total contract price and identifying various…”
Weydert Homes, Inc. v. Kammes, 917 N.E.2d 64 (Ill. App. Ct. 2009). “’ ” 770 ILCS 60/5 (West 2006). Plaintiff gave Kammes what it asserts was a statement under oath dated December 18, 2007, that complied with the requirements of section 5.”
Lazar Bros. Trucking, Inc. v. a & B Excavating, Inc., 365 Ill. App. 3d 559 (Ill. App. Ct. 2006). · cites it 2× “770 ILCS 60/5 (West 2004). The contractor’s affidavits and lien waivers do not protect the owner if the owner has notice that the affidavits are false.”
Cityline Constr. Fire & Water Restoration, Inc. v. Roberts, 2014 IL App (1st) 130730 (Ill. App. Ct. 2014). · cites it 3× “The Owners asserted that section 5 of the Mechanics Lien Act (the Act) (770 ILCS 60/5 (West 2010)) required a general contractor to give an owner a written statement containing names of all parties furnishing materials or labor and amounts due or to become due to each when such…”
Lazar Bros. Trucking v. a & B Excavating, 850 N.E.2d 215 (Ill. App. Ct. 2006). · cites it 2× “770 ILCS 60/5 (West 2004). The contractor's affidavits and lien waivers do not protect the owner if the owner has notice that the affidavits are false.”
People v. Hauck, 2022 IL App (2d) 191111 (Ill. App. Ct. 2022). “In Kammes we considered whether the plaintiff’s contractor’s statement satisfied the requirements of section 5 of the Mechanics Lien Act (770 ILCS 60/5(a) (West 2006)), which required “a statement in writing, under oath or verified by affidavit, of the names and addresses of all…”
Show all 36 citing cases →
— 770 ILCS 60/5(a) — 6 cases
People v. Hauck, 2022 IL App (2d) 191111 (Ill. App. Ct. 2022). “In Kammes we considered whether the plaintiff’s contractor’s statement satisfied the requirements of section 5 of the Mechanics Lien Act (770 ILCS 60/5(a) (West 2006)), which required “a statement in writing, under oath or verified by affidavit, of the names and addresses of all…”
Weather-Tite, Inc. v. Univ. of St. Francis, 892 N.E.2d 49 (Ill. App. Ct. 2008).
Cityline Constr. Fire & Water Restoration, Inc. v. Roberts, 2014 IL App (1st) 130730 (Ill. App. Ct. 2014). “The Owners asserted that section 5 of the Mechanics Lien Act (the Act) (770 ILCS 60/5 (West 2010)) required a general contractor to give an owner a written statement containing names of all parties furnishing materials or labor and amounts due or to become due to each when such…”
Gerdau Ameristeel US, Inc. v. Broeren Russo Constr., Inc., 2013 IL App (4th) 120547 (Ill. App. Ct. 2013).
Weather-Tite v. Univ. of St. Francis (Ill. App. Ct. 2008).
— 770 ILCS 60/5(b) — 1 case
Crawford Supply Co. v. Schwartz, 919 N.E.2d 5 (Ill. App. Ct. 2009). “In its response, plaintiff claimed that the motion to dismiss should be denied because the Schwartzes had an obligation under section 5 of the Act (770 ILCS 60/5 (West 2006)) to demand a sworn statement from Premier of all subcontractors’ claims for work performed on the subject…”
— 770 ILCS 60/5(b)(ii) — 3 cases
Crawford Supply Co. v. Schwartz, 919 N.E.2d 5 (Ill. App. Ct. 2009). “In its response, plaintiff claimed that the motion to dismiss should be denied because the Schwartzes had an obligation under section 5 of the Act (770 ILCS 60/5 (West 2006)) to demand a sworn statement from Premier of all subcontractors’ claims for work performed on the subject…”
MD Elec. Contractors, Inc. v. Abrams, 888 N.E.2d 54 (Ill. 2008). “" 770 ILCS 60/5(b)(ii) (West 2006). If the Home Repair and Remodeling Act required each subcontractor, before work began, to "furnish to the customer for signature a written contract or work order that states the total cost, including parts and materials listed with reasonable…”
MD Elec. Contractors, Inc. v. Abrams (Ill. 2008).
— 770 ILCS 60/5(b)(iii) — 1 case
Crawford Supply Co. v. Schwartz, 919 N.E.2d 5 (Ill. App. Ct. 2009). “In its response, plaintiff claimed that the motion to dismiss should be denied because the Schwartzes had an obligation under section 5 of the Act (770 ILCS 60/5 (West 2006)) to demand a sworn statement from Premier of all subcontractors’ claims for work performed on the subject…”
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