98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB5663

 

Introduced , by Rep. Elgie R. Sims, Jr.

 

SYNOPSIS AS INTRODUCED:
 
770 ILCS 60/1  from Ch. 82, par. 1

    Amends the Mechanics Lien Act. Provides that the Act does not apply unless there is a written and executed contract to improve the lot or tract of land or for the purpose of improving the tract of land or to manage a structure under construction thereon.


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A BILL FOR

 

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1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Mechanics Lien Act is amended by changing
5Section 1 as follows:
 
6    (770 ILCS 60/1)  (from Ch. 82, par. 1)
7    Sec. 1. Contractor defined; amount of lien; waiver of lien;
8attachment of lien; agreement to waive; when not enforceable.
9    (a) Any person who shall by any written and executed
10contract or contracts, express or implied, or partly expressed
11or implied, with the owner of a lot or tract of land, or with
12one whom the owner has authorized or knowingly permitted to
13contract, to improve the lot or tract of land or for the
14purpose of improving the tract of land, or to manage a
15structure under construction thereon, is known under this Act
16as a contractor and has a lien upon the whole of such lot or
17tract of land and upon adjoining or adjacent lots or tracts of
18land of such owner constituting the same premises and occupied
19or used in connection with such lot or tract of land as a place
20of residence or business; and in case the contract relates to 2
21or more buildings, on 2 or more lots or tracts of land, upon
22all such lots and tracts of land and improvements thereon for
23the amount due to him or her for the material, fixtures,

 

 

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1apparatus, machinery, services or labor, and interest at the
2rate of 10% per annum from the date the same is due. This lien
3extends to an estate in fee, for life, for years, or any other
4estate or any right of redemption or other interest that the
5owner may have in the lot or tract of land at the time of making
6such contract or may subsequently acquire and this lien
7attaches as of the date of the written and executed contract.
8This Act does not apply unless there is a written and executed
9contract to improve the lot or tract of land or for the purpose
10of improving the tract of land or to manage a structure under
11construction thereon.
12    (b) As used in subsection (a) of this Section, "improve"
13means to furnish labor, services, material, fixtures,
14apparatus or machinery, forms or form work in the process of
15construction where cement, concrete or like material is used
16for the purpose of or in the building, altering, repairing or
17ornamenting any house or other building, walk or sidewalk,
18whether the walk or sidewalk is on the land or bordering
19thereon, driveway, fence or improvement or appurtenances to the
20lot or tract of land or connected therewith, and upon, over or
21under a sidewalk, street or alley adjoining; or fill, sod or
22excavate such lot or tract of land, or do landscape work
23thereon or therefor; or raise or lower any house thereon or
24remove any house thereto, or remove any house or other
25structure therefrom, or perform any services or incur any
26expense as an architect, structural engineer, professional

 

 

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1engineer, land surveyor or property manager in, for or on a lot
2or tract of land for any such purpose; or drill any water well
3thereon; or furnish or perform labor or services as
4superintendent, time keeper, mechanic, laborer or otherwise,
5in the building, altering, repairing or ornamenting of the
6same; or furnish material, fixtures, apparatus, machinery,
7labor or services, forms or form work used in the process of
8construction where concrete, cement or like material is used,
9or drill any water well on the order of his agent, architect,
10structural engineer or superintendent having charge of the
11improvements, building, altering, repairing or ornamenting the
12same.
13    (c) The taking of additional security by the contractor or
14sub-contractor is not a waiver of any right of lien which he
15may have by virtue of this Act, unless made a waiver by express
16agreement of the parties and the waiver is not prohibited by
17this Act.
18    (d) An agreement to waive any right to enforce or claim any
19lien under this Act where the agreement is in anticipation of
20and in consideration for the awarding of a contract or
21subcontract, either express or implied, to perform work or
22supply materials for an improvement upon real property is
23against public policy and unenforceable. This Section does not
24prohibit release of lien under subsection (b) of Section 35 of
25this Act or prohibit subordination of the lien, except as
26provided in Section 21.

 

 

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1(Source: P.A. 94-627, eff. 1-1-06.)