Full Text of HB0890 98th General Assembly
HB0890ham001 98TH GENERAL ASSEMBLY | Rep. Rita Mayfield Filed: 3/13/2013
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| 1 | | AMENDMENT TO HOUSE BILL 890
| 2 | | AMENDMENT NO. ______. Amend House Bill 890 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Mechanics Lien Act is amended by changing | 5 | | Section 1 as follows:
| 6 | | (770 ILCS 60/1) (from Ch. 82, par. 1)
| 7 | | Sec. 1. Contractor defined; amount of lien; waiver of lien; | 8 | | attachment of lien; agreement to waive; when not enforceable.
| 9 | | (a) Any person who shall by any contract or contracts, | 10 | | express or
implied, or partly expressed or implied, with the | 11 | | owner of a lot or
tract of land, or with one whom the owner has | 12 | | authorized or knowingly
permitted to contract, to improve the | 13 | | lot or tract of land or for the purpose of improving the tract | 14 | | of land, or to manage a
structure under construction thereon, | 15 | | is known under this Act as a contractor and has a lien upon the | 16 | | whole of such lot or tract of land and upon adjoining or |
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| 1 | | adjacent lots or tracts of land of such owner constituting the | 2 | | same premises and occupied or used in connection with such lot | 3 | | or tract of land as a place of residence or business; and in | 4 | | case the contract relates to 2 or more buildings, on 2 or more | 5 | | lots or tracts of land, upon all such lots and tracts of land | 6 | | and improvements thereon for the amount due to him or her for | 7 | | the material, fixtures, apparatus, machinery, services or | 8 | | labor, and interest at the rate of 10% per annum from the date | 9 | | the same is due. This lien extends to an estate in fee, for | 10 | | life, for years, or any other estate or any right of redemption | 11 | | or other interest that the owner may have in the lot or tract | 12 | | of land at the time of making such contract or may subsequently | 13 | | acquire and this lien attaches as of the date of the contract. | 14 | | A licensed public adjuster may be considered a contractor for | 15 | | purposes of this Act if such a determination serves the | 16 | | interests of justice. | 17 | | (b) As used in subsection (a) of this Section, "improve" | 18 | | means to furnish labor, services, material, fixtures, | 19 | | apparatus or
machinery, forms or form work in the process of | 20 | | construction where
cement, concrete or like material is used | 21 | | for the purpose of or in the
building, altering, repairing or | 22 | | ornamenting any house or other building,
walk or sidewalk, | 23 | | whether the walk or sidewalk is on the land or bordering
| 24 | | thereon, driveway, fence or improvement or appurtenances to the | 25 | | lot or
tract of land or connected therewith, and upon, over or | 26 | | under a sidewalk,
street or alley adjoining; or fill, sod or |
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| 1 | | excavate such lot or tract of
land, or do landscape work | 2 | | thereon or therefor; or raise or lower any house
thereon or | 3 | | remove any house thereto, or remove any house or other | 4 | | structure
therefrom, or perform any services or incur any | 5 | | expense as an architect,
structural engineer, professional | 6 | | engineer, land surveyor or
property manager in, for or on a lot | 7 | | or tract of land for any such purpose;
or drill any water well | 8 | | thereon; or furnish or perform labor or services as
| 9 | | superintendent, time keeper, mechanic, laborer or otherwise, | 10 | | in the
building, altering, repairing or ornamenting of the | 11 | | same; or furnish
material, fixtures, apparatus, machinery, | 12 | | labor or services, forms or form
work used in the process of | 13 | | construction where concrete, cement or like
material is used, | 14 | | or drill any water well on the order of his agent,
architect, | 15 | | structural engineer or superintendent having charge of the
| 16 | | improvements, building, altering, repairing or ornamenting the | 17 | | same. | 18 | | (c) The taking of additional
security by the contractor or | 19 | | sub-contractor is not a waiver of any
right of lien which he | 20 | | may have by virtue of this Act, unless made a
waiver by express | 21 | | agreement of the parties and the waiver is not
prohibited by | 22 | | this Act.
| 23 | | (d) An agreement to waive any right to enforce or claim any | 24 | | lien under this Act where the agreement is in anticipation of | 25 | | and in consideration for the awarding of a contract or | 26 | | subcontract, either express or implied, to perform work or |
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| 1 | | supply materials for an improvement upon real property is | 2 | | against public policy and unenforceable. This Section does not | 3 | | prohibit release of lien under subsection (b) of Section 35 of | 4 | | this Act or prohibit subordination of the lien, except as | 5 | | provided in Section 21.
| 6 | | (Source: P.A. 94-627, eff. 1-1-06.)".
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