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SB1930 Engrossed |
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LRB094 08997 LCB 41406 b |
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| AN ACT concerning civil law.
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| Be it enacted by the People of the State of Illinois, |
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| represented in the General Assembly:
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| Section 5. The Mechanics Lien Act is amended by changing |
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| Sections 1, 2, 3, 5, 7, 11, 13, 21, 21.01, 21.02, 22, 24, 25, |
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| 26, 28, 30, 32, and 35 as follows:
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| (770 ILCS 60/1) (from Ch. 82, par. 1)
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| Sec. 1. Contractor defined; amount of lien; waiver of lien; |
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| attachment of lien; agreement to waive; when not enforceable.
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| (a) Any person who shall by any contract or contracts, |
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| express or
implied, or partly expressed or implied, with the |
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| owner of a lot or
tract of land, or with one whom the owner has |
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| authorized or knowingly
permitted to contract, to improve the |
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| lot or tract of land or for the purpose of improving the tract |
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| of land, or to manage a
structure under construction thereon, |
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| is known under this Act as a contractor and has a lien upon the |
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| whole of such lot or tract of land and upon adjoining or |
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| adjacent lots or tracts of land of such owner constituting the |
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| same premises and occupied or used in connection with such lot |
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| or tract of land as a place of residence or business; and in |
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| case the contract relates to 2 or more buildings, on 2 or more |
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| lots or tracts of land, upon all such lots and tracts of land |
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| and improvements thereon for the amount due to him or her for |
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| the material, fixtures, apparatus, machinery, services or |
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| labor, and interest at the rate of 10% per annum from the date |
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| the same is due. This lien extends to an estate in fee, for |
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| life, for years, or any other estate or any right of redemption |
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| or other interest that the owner may have in the lot or tract |
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| of land at the time of making such contract or may subsequently |
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| acquire and this lien attaches as of the date of the contract. |
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| (b) As used in subsection (a) of this Section, "improve" |
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| means
thereon, or to furnish labor, services, material, |
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SB1930 Engrossed |
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LRB094 08997 LCB 41406 b |
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| fixtures, apparatus or
machinery, forms or form work used in |
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| the process of construction where
cement, concrete or like |
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| material is used for the purpose of or in the
building, |
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| altering, repairing or ornamenting any house or other building,
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| walk or sidewalk, whether the walk or sidewalk is on the land |
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| or bordering
thereon, driveway, fence or improvement or |
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| appurtenances to the lot or
tract of land or connected |
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| therewith, and upon, over or under a sidewalk,
street or alley |
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| adjoining; or fill, sod or excavate such lot or tract of
land, |
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| or do landscape work thereon or therefor; or raise or lower any |
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| house
thereon or remove any house thereto, or remove any house |
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| or other structure
therefrom, or perform any services or incur |
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| any expense as an architect,
structural engineer, professional |
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| engineer, land surveyor or
property manager in, for or on a lot |
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| or tract of land for any such purpose;
or drill any water well |
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| thereon; or furnish or perform labor or services as
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| superintendent, time keeper, mechanic, laborer or otherwise, |
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| in the
building, altering, repairing or ornamenting of the |
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| same; or furnish
material, fixtures, apparatus, machinery, |
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| labor or services, forms or form
work used in the process of |
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| construction where concrete, cement or like
material is used, |
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| or drill any water well on the order of his agent,
architect, |
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| structural engineer or superintendent having charge of the
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| improvements, building, altering, repairing or ornamenting the |
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| same .
, is
known under this Act as a contractor, and has a lien |
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| upon the whole of such
lot or tract of land and upon adjoining |
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| or adjacent lots or tracts of land
of such owner constituting |
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| the same premises and occupied or used in
connection with such |
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| lot or tract of land as a place of residence or
business; and |
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| in case the contract relates to 2 or more buildings, on 2 or
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| more lots or tracts of land, upon all such lots and tracts of |
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| land and
improvements thereon for the amount due to him for |
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| such material, fixtures,
apparatus, machinery, services or |
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| labor, and interest at the rate of 10%
per annum from the date |
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| the same is due. This lien
extends to an estate in fee, for |
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| life, for years,
or any other estate or any right of |
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LRB094 08997 LCB 41406 b |
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| redemption, or other interest which
the owner may have in the |
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| lot or tract of land at the time of making
such contract or may |
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| subsequently acquire. |
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| (c) The taking of additional
security by the contractor or |
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| sub-contractor is not a waiver of any
right of lien which he |
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| may have by virtue of this Act, unless made a
waiver by express |
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| agreement of the parties and the waiver is not
prohibited by |
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| this Act. This lien attaches as of the date of the contract.
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| (d) An agreement to waive any right to enforce or claim any |
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| lien under this Act where the agreement is in anticipation of |
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| and in consideration for the awarding of a contract or |
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| subcontract, either express or implied, to perform work or |
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| supply materials for an improvement upon real property is |
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| against public policy and unenforceable. This Section does not |
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| prohibit release of lien under subsection (b) of Section 35 of |
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| this Act or prohibit subordination of the lien, except as |
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| provided in Section 21.
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| (Source: P.A. 86-807; 87-361.)
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| (770 ILCS 60/2) (from Ch. 82, par. 2)
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| Sec. 2. Labor, services, material, fixtures, apparatus or |
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| machinery, forms or form work furnished by mistake.
Any person |
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| furnishing labor, services, labor or material , fixtures, |
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| apparatus or machinery, forms or form work for the erection
of |
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| a building, or structure, or improvement, by mistake upon land |
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| owned by
another than the party contracting as owner, shall |
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| have a lien for such labor,
services, labor or material , |
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| fixtures, apparatus or machinery, forms or form work upon such |
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| building, or structure or
improvement, and the court, in the |
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| enforcement of such lien, shall order
and direct such building, |
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| structure or improvement to be separately sold
under its |
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| judgment, and the purchaser may remove the same within such
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| reasonable time as the court may fix.
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| (Source: P.A. 84-452; 84-545.)
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| (770 ILCS 60/3) (from Ch. 82, par. 3)
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SB1930 Engrossed |
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LRB094 08997 LCB 41406 b |
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| Sec. 3. Labor, services, material, fixtures, apparatus or |
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| machinery, forms or form work furnished for lands of married |
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| person; lands held by husband and wife.
If any such labor, |
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| services , material, fixtures, apparatus or machinery, forms or |
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| form work
or labor are performed upon or materials are
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| furnished for lands belonging to any married person, with the |
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| married
person's knowledge and not against the married person's |
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| protest in writing,
as provided in Section 1 of this Act, in |
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| pursuance of a contract with the
spouse of such married person, |
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| the person furnishing such labor , services, material, |
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| fixtures, apparatus or machinery, forms or form work
or
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| materials shall have a lien upon such property, the same as if |
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| such
contract had been made with the married person, and in |
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| case the title to
such lands upon which improvements are made |
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| is held by married persons
husband and wife
jointly, the lien |
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| given by this act shall attach to such lands and
improvements, |
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| if the improvements be made in pursuance of a contract with
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| both of them, or in pursuance of a contract with either of |
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| them, and in
such cases no claim of homestead right set up by a |
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| husband or wife shall
defeat the lien given by this Act. For |
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| purposes of this Section, property shall be deemed to be held |
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| jointly if title is held by the parties either in tenancy by |
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| the entirety or jointly, with right of survivorship and not as |
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| tenants in common.
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| (Source: P.A. 78-846.)
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| (770 ILCS 60/5) (from Ch. 82, par. 5)
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| Sec. 5. Statement of persons furnishing labor, services, |
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| material, fixtures, apparatus or machinery, forms or form work |
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| notice to owner of waiver; size of type.
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| (a) It shall be the duty of the contractor to give the |
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| owner,
and the duty of the owner to require of the contractor, |
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| before the owner
or his agent, architect, or superintendent |
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| shall pay or cause to be
paid to the contractor or to his order |
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| any moneys or other consideration
due or to become due to the |
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| contractor, or make or cause to be made to the
contractor any |
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SB1930 Engrossed |
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LRB094 08997 LCB 41406 b |
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| advancement of any moneys or any other consideration, a
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| statement in writing, under oath or verified by affidavit, of |
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| the names and
addresses of all parties furnishing materials and |
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| labor , services, material, fixtures, apparatus or machinery, |
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| forms or form work and of the amounts
due or to become due to |
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| each. Merchants and dealers in materials only
shall not be |
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| required to make statements required in this Section.
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| (b) The following shall apply to an owner-occupied |
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| single-family residence: |
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| (i) Each contractor shall provide the
each owner or his |
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| or her agent , either as part of the
contract or as a |
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| separate printed statement given before the owner or his |
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| agent makes the first payment for labor, materials, |
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| fixtures, apparatus or machinery , the following:
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| "THE LAW REQUIRES THAT THE CONTRACTOR SHALL SUBMIT A |
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| SWORN
STATEMENT OF PERSONS FURNISHING MATERIALS AND LABOR , |
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| SERVICES, MATERIAL, FIXTURES, APPARATUS OR MACHINERY, |
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| FORMS OR FORM WORK BEFORE ANY PAYMENTS
ARE REQUIRED TO BE |
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| MADE TO THE CONTRACTOR."
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| If the owners of the property are persons living |
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| together, the aforesaid statement is conclusively presumed |
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| given to each such owners if given to one of them.
printed |
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| in the contract, the statement shall be set in type
that is |
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| at least the same size as the largest type used in the body |
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| of
the contract and is bold face or another font that |
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| clearly contrasts
with and sets the statement apart from |
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| the rest of the body of the contract.
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| (ii) Each
It shall be the duty of each subcontractor |
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| who has furnished, or
is furnishing, labor, services, |
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| material, fixtures, apparatus or machinery, forms or form |
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| work
materials or labor for an existing owner-occupied
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| single-family residence, in order to preserve his lien, |
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| shall
to notify the
occupant either personally or by |
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| certified mail, return receipt requested,
addressed to the |
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| occupant or his agent at the residence within 60 days from
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| his first furnishing labor, services, material, fixtures, |
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SB1930 Engrossed |
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LRB094 08997 LCB 41406 b |
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| apparatus or machinery, forms or form work, of his |
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| agreement to do so.
materials or labor, that he is |
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| supplying materials or
labor. Any notice given after 60 |
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| days by the subcontractor, however, shall
preserve his |
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| lien, but only to the extent that the owner has not been
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| prejudiced by payments made before receipt of the notice.
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| The notice shall contain the name and address of the |
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| subcontractor
or material man, the date he started to work |
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| or to deliver materials, the
type of work done and to be |
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| done or the type of labor, services, material, fixtures, |
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| apparatus or machinery, forms or form work
materials |
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| delivered and to
be delivered, and the name of the |
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| contractor requesting the work. The
notice shall also |
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| contain the following warning:
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| "NOTICE TO OWNER
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| The subcontractor providing this notice has performed |
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| work for or
delivered material to your home improvement |
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| contractor. These services or
materials are being used in |
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| the improvements to your residence and entitle
the |
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| subcontractor to file a lien against your residence if the |
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| labor, services , material, fixtures, apparatus or |
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| machinery, forms or form work
or
materials are not paid for |
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| by your home improvement contractor. A lien
waiver will be |
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| provided to your contractor when the subcontractor is paid,
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| and you are urged to request this waiver from your |
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| contractor when paying
for your home improvements."
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| (iii) The statement and the notices required by |
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| subdivisions (b)(i) and (b)(ii) of this Section
The warning |
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| shall be in at least 10 point boldface type. For purposes
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| of this Section, notice by certified mail is considered |
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| served at the
time of its mailing. Any notice given |
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| pursuant to subdivision (b)(ii) of this Section after 60 |
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| days by the subcontractor, however, shall preserve his or |
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| her lien, but only to the extent that the owner has not |
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| been prejudiced by payments made before receipt of the |
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| notice.
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LRB094 08997 LCB 41406 b |
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| (Source: P.A. 87-362.)
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| (770 ILCS 60/7) (from Ch. 82, par. 7)
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| Sec. 7. Claim for lien; third parties; errors or |
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| overcharges; multiple buildings or lots.
No contractor shall be |
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| allowed to enforce such lien against
or to the prejudice of any |
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| other creditor or incumbrancer or purchaser,
unless within 4 |
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| months after completion, or if extra or additional
work is done |
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| or labor, services, material , fixtures, apparatus or |
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| machinery, forms or form work is delivered therefor within 4 |
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| months after
the completion of such extra or additional work or |
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| the final delivery of
such extra or additional labor, services, |
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| material , fixtures, apparatus or machinery, forms or form work , |
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| he or she shall either bring an action to enforce
his or her |
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| lien therefor or shall file in the office of the recorder
of |
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| the county in which the building, erection or other improvement |
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| to be
charged with the lien is situated, a claim for lien, |
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| verified by the
affidavit of himself or herself, or his or her |
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| agent or employee, which
shall consist of a
brief statement of |
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| the claimant's contract, the balance due after allowing all
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| credits, and a sufficiently correct description of the lot, |
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| lots or
tracts of land to identify the same. Such claim for |
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| lien may be filed at
any time after the claimant's contract is |
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| made, and as to the owner may be filed at
any time after the |
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| contract is made and within 2 years after the
completion of the |
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| contract, or the completion of any extra work or the
furnishing |
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| of any extra labor, services, material , fixtures, apparatus or |
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| machinery, forms or form work thereunder, and as to such owner |
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| may be
amended at any time before the final judgment. No such |
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| lien shall be
defeated to the proper amount thereof because of |
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| an error or
overcharging on the part of any person claiming a |
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| lien therefor under
this Act, unless it shall be shown that |
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| such error or overcharge is made
with intent to defraud; nor |
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| shall any such lien for material be defeated
because of lack of |
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| proof that the material after the delivery thereof,
actually |
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| entered into the construction of such building or improvement,
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LRB094 08997 LCB 41406 b |
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| although it be shown that such material was not actually used |
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| in the
construction of such building or improvement; provided, |
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| that
Provided, it is shown that
such material was delivered |
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| either to the owner or his or her agent for that
building or |
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| improvement, to be used in that building or improvement, or
at |
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| the place where said building or improvement was being |
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| constructed,
for the purpose of being used in construction or |
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| for the purpose of
being employed in the process of |
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| construction as a means for assisting
in the erection of the |
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| building or improvement in what is commonly
termed forms or |
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| form work where concrete, cement or like material is
used, in |
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| whole or in part.
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| In case of the construction of a number
of buildings under |
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| contract between the same parties, it shall be
sufficient in |
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| order to establish such lien for material, if it be shown
that |
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| such material was in good faith delivered at one of these
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| buildings for the purpose of being used in the construction of |
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| any one
or all of such buildings, or delivered to the owner or |
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| his or her agent for
such buildings, to be used therein; and |
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| such lien for such material
shall attach to all of said |
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| buildings, together with the land upon which
the same are being |
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| constructed, the same as in a single building or
improvement. |
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| In the event the contract
relates to 2 or more buildings on 2 |
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| or more lots or tracts of land,
then all of these buildings and |
25 |
| lots or tracts of land may be included in
one statement of |
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| claims for a lien.
|
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| A statement that a party is a subcontractor shall not |
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| constitute an admission by the lien claimant that its status is |
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| that of subcontractor if it is later determined that the party |
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| with whom the lien claimant contracted was the owner or an |
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| agent of the owner.
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| (Source: P.A. 83-358.)
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| (770 ILCS 60/11) (from Ch. 82, par. 11)
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34 |
| Sec. 11. Averments in pleading; parties; dismissal; |
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| notice.
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LRB094 08997 LCB 41406 b |
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| (a) Any pleading asserting a claim for lien
The complaint |
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| shall contain (i) a brief statement of the
contract or |
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| contracts to which the person (hereinafter called the |
4 |
| "claimant") asserting a claim for lien in the pleading is a |
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| party and by the terms of which the claimant is employed to |
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| furnish lienable services or material for the real property |
7 |
| (herein called the "premises"), (ii) the date when the contract |
8 |
| or contracts were dated or entered into, (iii) the date on |
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| which the claimant's work, labor or material labor, services, |
10 |
| material, fixtures, apparatus or machinery, forms or form work |
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| was last performed or furnished, whether the claimant completed |
12 |
| furnishing or performing its work, labor and material labor, |
13 |
| services, material, fixtures, apparatus or machinery, forms or |
14 |
| form work and if not why, (iv)
on which it is founded, the |
15 |
| date, when made, and when
completed, if not completed, why, and |
16 |
| it shall also set forth the amount
due and unpaid to the |
17 |
| claimant, (v) , a description of the premises, and (vi)
premises |
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| which are subject to the
lien, and such other facts as may be |
19 |
| necessary for
to a full understanding of
the rights of the |
20 |
| parties. Where plans and specifications are by reference
made a |
21 |
| part of a
the contract that is required to be alleged in a |
22 |
| pleading, it shall not be necessary to set the same out
in the |
23 |
| pleading
pleadings or attached as exhibits, but the same may be |
24 |
| produced on the trial
of the suit. It shall not be necessary to |
25 |
| include a statement of any contract to which the claimant is |
26 |
| not a contracting party. |
27 |
| (b) Each claimant shall make as parties to its pleading |
28 |
| (hereinafter called "necessary parties") the owner of the |
29 |
| premises, the contractor, all persons in the chain of contracts |
30 |
| between the claimant and the owner, all persons who have |
31 |
| asserted or may assert liens against the premises under this |
32 |
| Act, and any other person against whose interest in the |
33 |
| premises the claimant asserts a claim.
|
34 |
| (c) Necessary parties whose claims or interests are not |
35 |
| disclosed by a document recorded at the time a proper lis |
36 |
| pendens of the action under Section 2-1901 of the Code of Civil |
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| Procedure has been recorded (or if the action is instituted as |
2 |
| a mortgage foreclosure at the time a proper notice of |
3 |
| foreclosure under Section 15-1503 of the Code of Civil |
4 |
| Procedure has been recorded) may be named and made parties |
5 |
| under the description of "unknown necessary parties". Persons |
6 |
| other than unknown necessary parties who may be interested in |
7 |
| the premises but whose identities are unknown to the claimant |
8 |
| may be named and made parties to the action under the |
9 |
| description of "unknown owners".
|
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| (d) A claimant may, in its, his or her discretion, make as |
11 |
| parties (hereinafter called "permissible parties") to the |
12 |
| action any other persons having a legal, equitable or |
13 |
| possessory interest in or claim to the whole or any part of the |
14 |
| premises, but failure to make any such permissible party a |
15 |
| party to the action shall not defeat the lien, but the claim of |
16 |
| each claimant asserting a lien claim under this Act in the |
17 |
| action shall be subject to the interest of such permissible |
18 |
| party not made a party, and the action shall not adversely |
19 |
| affect the interest of any such permissible party not made a |
20 |
| party and not served with notice by summons or publication in |
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| the action as provided in this Act.
|
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| (e) The plaintiff shall cause notice to be given to all |
23 |
| such necessary parties or cause them to be served by summons or |
24 |
| by publication in like manner and upon the same conditions as |
25 |
| in other civil actions, and the plaintiff's failure to do so, |
26 |
| shall be grounds for judgment against him, her, or it on the |
27 |
| merits. A claimant other than the plaintiff asserting a claim |
28 |
| in the action under this Act shall also cause notice to be |
29 |
| given to or cause summons to be served upon any necessary |
30 |
| parties who have not been joined to the action, and his, her, |
31 |
| or its failure to do so shall be grounds for judgment against |
32 |
| him, her or it on the merits. Process may issue and service by |
33 |
| publication may be had against those persons so named under the |
34 |
| descriptions of "unknown necessary parties" or "unknown |
35 |
| owners", and judgments entered against them shall be of the |
36 |
| same effect as though they had been designated by and served |
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SB1930 Engrossed |
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LRB094 08997 LCB 41406 b |
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|
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| under their proper names, provided that any judgment shall only |
2 |
| bind any person served by publication with respect to their |
3 |
| interests in the premises and liens asserted or assertable |
4 |
| against the premises under this Act. A person who has been |
5 |
| properly served in the action by summons or by publication by |
6 |
| any claimant shall be deemed properly served by all claimants |
7 |
| in the action regardless of whether such persons have been |
8 |
| served before or after such claimants or any of them shall have |
9 |
| appeared, filed their pleadings or become parties to the |
10 |
| action, provided that nothing in this Section 11 shall excuse a |
11 |
| claimant from joining all necessary parties to the claimant's |
12 |
| pleading, whether as named parties, unknown necessary parties, |
13 |
| or unknown owners, within the time permitted by this Act. |
14 |
| Nothing in this Section 11 shall prevent service by publication |
15 |
| in any proceeding brought under this Act where authorized by |
16 |
| this Act in like manner and upon the same conditions as in |
17 |
| other civil actions. |
18 |
| (f) Any necessary party or permissible party who has not |
19 |
| been joined to the action under his, her, or its proper name, |
20 |
| may, upon application of such party
The plaintiff shall make |
21 |
| all parties interested,
of whose interest he is notified or has |
22 |
| knowledge, parties defendant, and
summons shall issue and |
23 |
| service thereof be had as in other civil actions;
and when any |
24 |
| defendant resides or has gone out of the State, or on inquiry
|
25 |
| cannot be found, or is concealed within this State, so that |
26 |
| process cannot
be served on him, the plaintiff shall cause a |
27 |
| notice to be
given to him, or cause a copy of the complaint to |
28 |
| be served
upon him, in like manner and upon the same conditions |
29 |
| as is provided in
other civil actions, and his failure to so |
30 |
| act with regard to summons or
notice shall be ground for |
31 |
| judgment against him as upon the
merits. The same rule shall |
32 |
| prevail with counterclaimants with regard to
any person of |
33 |
| whose interest they have knowledge, and who are not already
|
34 |
| parties to the suit or action. Parties in interest, within the |
35 |
| meaning of
this act, shall include persons entitled to liens |
36 |
| thereunder whose claims
are not, as well as are, due at the |
|
|
|
SB1930 Engrossed |
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LRB094 08997 LCB 41406 b |
|
|
1 |
| time of the commencement of suit, and
such claim shall be |
2 |
| allowed subject to a reduction of interest from the
date of |
3 |
| judgment to the time the claim is due; also all persons who may
|
4 |
| have any valid claim to the whole or any part of the premises
|
5 |
| upon which a lien may be attempted to be enforced under the |
6 |
| provisions
thereof, or who are interested in the subject matter |
7 |
| of the suit. Any such
persons may, on application to the court |
8 |
| wherein the action
suit is pending, be
made or become a party
|
9 |
| parties at any time before final judgment , but such joinder |
10 |
| shall not give such party any substantive rights not otherwise |
11 |
| provided by law, or excuse failure to comply with the |
12 |
| provisions of any applicable law . |
13 |
| (g) No action
under the provisions of this act shall be |
14 |
| voluntarily dismissed by the
party bringing it without due |
15 |
| notice to all parties to
before the action,
court
and upon |
16 |
| leave of court for
upon good cause shown and upon terms |
17 |
| approved
designated by the court.
|
18 |
| (Source: P.A. 79-1358.)
|
19 |
| (770 ILCS 60/13) (from Ch. 82, par. 13)
|
20 |
| Sec. 13. Defendant shall answer as in other civil actions. |
21 |
| (a) The owner may
make any defense against the contractor |
22 |
| by way of counter claim that he
could in any civil action for |
23 |
| the payment of money, and may have the same
right of recovery |
24 |
| on proof
of such in excess of the claim of the contractor |
25 |
| against the contractor
only, but for matters not growing out of |
26 |
| the contract recovery shall be
without prejudice to the rights |
27 |
| of the sub-contractors thereunder for
payment out of the |
28 |
| contract price or fund. |
29 |
| (b) In any proceedings to enforce a
lien on account of |
30 |
| wages due for labor the claimant need file only an
affidavit |
31 |
| giving the amount due, between what dates the labor was |
32 |
| performed
and the kind of labor performed, and the court shall |
33 |
| direct the amount due
for wages as therein specified to be paid |
34 |
| within a short day to be fixed by
the court, unless within 10 |
35 |
| days after the filing of the claim the amount
claimed is |
|
|
|
SB1930 Engrossed |
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LRB094 08997 LCB 41406 b |
|
|
1 |
| contested by the owner or some other party to the suit. The
|
2 |
| party making such contest shall file an affidavit which shall |
3 |
| state his
defense to the allowance of the claim, and the court |
4 |
| shall proceed at once
to hear the evidence, and determine the |
5 |
| merits of the claim, and in the
event the allowance for wages |
6 |
| is not paid within the time fixed by the
court, the court shall |
7 |
| order the premises sold to pay the amount in such
manner as it |
8 |
| directs.
|
9 |
| (Source: P.A. 79-1358.)
|
10 |
| (770 ILCS 60/21) (from Ch. 82, par. 21)
|
11 |
| Sec. 21. Sub-contractor defined; lien of sub-contractor; |
12 |
| notice; size of type; service of notice; amount of lien; |
13 |
| default by contractor.
|
14 |
| (a) Subject to the provisions of Section 5, every mechanic,
|
15 |
| worker or other person who shall furnish any labor, services, |
16 |
| material, fixtures
materials , apparatus or ,
machinery , forms |
17 |
| or form work
or fixtures, or furnish or perform services or |
18 |
| labor for the
contractor, or shall furnish any material to be |
19 |
| employed in the process
of construction as a means for |
20 |
| assisting in the erection of the building
or improvement in |
21 |
| what is commonly termed form or form work where
concrete, |
22 |
| cement or like material is used in whole or in part, shall be
|
23 |
| known under this Act as a sub-contractor, and shall have a lien |
24 |
| for the
value thereof, with interest on such amount from the |
25 |
| date the same is
due, from the same time, on the same property |
26 |
| as provided for the
contractor, and, also, as against the |
27 |
| creditors and assignees, and
personal and legal |
28 |
| representatives of the contractor, on the material,
fixtures, |
29 |
| apparatus or machinery furnished, and on the moneys or other
|
30 |
| considerations due or to become due from the owner under the |
31 |
| original
contract. |
32 |
| (b) If the legal effect of any contract between the owner |
33 |
| and
contractor is that no lien or claim may be filed or |
34 |
| maintained by any
one and the waiver is not prohibited by this |
35 |
| Act, or that such contractor's lien shall be subordinated to |
|
|
|
SB1930 Engrossed |
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LRB094 08997 LCB 41406 b |
|
|
1 |
| the interests of any other party, such provision shall be
|
2 |
| binding; but the only admissible evidence
thereof as against a |
3 |
| subcontractor
sub-contractor or material supplier
man , shall |
4 |
| be proof of
actual notice thereof to him or her before his or |
5 |
| her contract is entered into. Such waiver or subordination |
6 |
| provision shall not be binding on the subcontractor unless set |
7 |
| forth in its entirety in writing in the contract between the |
8 |
| contractor and subcontractor or material supplier.
before any |
9 |
| labor or material is furnished
by him; or proof that a duly |
10 |
| written and signed stipulation or agreement
to that effect has |
11 |
| been filed in the office of the recorder of
the county or |
12 |
| counties where the house, building or other improvement is
|
13 |
| situated, prior to the commencement of the work upon such |
14 |
| house,
building or other improvement, or within 10 days after |
15 |
| the execution of
the principal contract or not less than 10 |
16 |
| days prior to the contract
of the sub-contractor or material |
17 |
| man. The recorder shall
record the same at length in the order |
18 |
| of time of its reception in books
provided by him for that |
19 |
| purpose, and the recorder shall index
the same, in the name of |
20 |
| the contractor and in the name of the owner, in
books kept for |
21 |
| that purpose, and also in the tract or abstract book of
the |
22 |
| tract, lot, or parcel of land, upon which the house, building |
23 |
| or
other improvement is located, and the recorder shall receive |
24 |
| therefor a fee,
such as is provided for the recording of |
25 |
| instruments in his office.
|
26 |
| (c) It shall be the duty of each subcontractor who has |
27 |
| furnished, or is
furnishing, materials or labor , services, |
28 |
| material, fixtures, apparatus or machinery, forms or form work |
29 |
| for an existing owner-occupied single
family residence, in |
30 |
| order to preserve his lien, to notify the occupant
either |
31 |
| personally or by certified mail, return receipt requested,
|
32 |
| addressed to the occupant or his agent of the residence within |
33 |
| 60 days
from his first furnishing materials or labor , services, |
34 |
| material, fixtures, apparatus or machinery, forms or form work , |
35 |
| that he is supplying labor, services, material, fixtures, |
36 |
| apparatus or machinery, forms or form work
materials or labor; |
|
|
|
SB1930 Engrossed |
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LRB094 08997 LCB 41406 b |
|
|
1 |
| provided, however, that any notice given after 60
days by the |
2 |
| subcontractor shall preserve his lien, but only to the
extent |
3 |
| that the owner has not been prejudiced by payments made prior |
4 |
| to
receipt of the notice. The notification shall include a |
5 |
| warning to the
owner that before any payment is made to the |
6 |
| contractor, the owner
should receive a waiver of lien executed |
7 |
| by each subcontractor who has
furnished materials or labor , |
8 |
| services, material, fixtures, apparatus or machinery, forms or |
9 |
| form work .
|
10 |
| The notice shall contain the name and address of the |
11 |
| subcontractor or
material man, the date he started to work or |
12 |
| to deliver materials, the
type of work done and to be done or |
13 |
| the type of materials delivered and
to be delivered, and the |
14 |
| name of the contractor requesting the work.
The notice shall |
15 |
| also contain the following warning:
|
16 |
| "NOTICE TO OWNER
|
17 |
| The subcontractor providing this notice has performed work |
18 |
| for or
delivered material to your home improvement contractor. |
19 |
| These services or
materials are being used in the improvements |
20 |
| to your residence and entitle
the subcontractor to file a lien |
21 |
| against your residence if the services or
materials are not |
22 |
| paid for by your home improvement contractor. A lien
waiver |
23 |
| will be provided to your contractor when the subcontractor is |
24 |
| paid,
and you are urged to request this waiver from your |
25 |
| contractor when paying
for your home improvements."
|
26 |
| Such warning shall be in at least 10 point bold face type. |
27 |
| For
purposes of this Section, notice by certified mail is |
28 |
| considered served
at the time of its mailing.
|
29 |
| (d) In no case, except as hereinafter provided, shall the |
30 |
| owner be
compelled to pay a greater sum for or on account of |
31 |
| the completion of
such house, building or other improvement |
32 |
| than the price or sum
stipulated in said original contract or |
33 |
| agreement, unless payment be
made to the contractor or to his |
34 |
| order, in violation of the rights and
interests of the persons |
35 |
| intended to be benefited by this act: Provided,
if it shall |
36 |
| appear to the court that the owner and contractor
fraudulently, |
|
|
|
SB1930 Engrossed |
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LRB094 08997 LCB 41406 b |
|
|
1 |
| and for the purpose of defrauding sub-contractors fixed an
|
2 |
| unreasonably low price in their original contract for the |
3 |
| erection or
repairing of such house, building or other |
4 |
| improvement, then the court
shall ascertain how much of a |
5 |
| difference exists between a fair price for
labor , services,
and |
6 |
| material , fixtures, apparatus or machinery, forms or form work |
7 |
| used in said house, building or other improvement,
and the sum |
8 |
| named in said original contract, and said difference shall
be |
9 |
| considered a part of the contract and be subject to a lien. But |
10 |
| where
the contractor's statement, made as provided in Section |
11 |
| 5, shows the
amount to be paid to the sub-contractor, or party |
12 |
| furnishing material,
or the sub-contractor's statement, made |
13 |
| pursuant to Section 22, shows
the amount to become due for |
14 |
| material; or notice is given to the owner,
as provided in |
15 |
| Sections 24 and 25, and thereafter such sub-contract
shall be |
16 |
| performed, or material to the value of the amount named in such
|
17 |
| statements or notice, shall be prepared for use and delivery, |
18 |
| or
delivered without written protest on the part of the owner |
19 |
| previous to
such performance or delivery, or preparation for |
20 |
| delivery, then, and in
any of such cases, such sub-contractor |
21 |
| or party furnishing or preparing
material, regardless of the |
22 |
| price named in the original contract, shall
have a lien |
23 |
| therefor to the extent of the amount named in such
statements |
24 |
| or notice. In case of default or abandonment by the
contractor, |
25 |
| the sub-contractor or party furnishing material, shall have
and |
26 |
| may enforce his lien to the same extent and in the same manner |
27 |
| that
the contractor may under conditions that arise as provided |
28 |
| for in
Section 4 of this Act, and shall have and may exercise |
29 |
| the same rights
as are therein provided for the contractor.
|
30 |
| (e) Any provision in a contract, agreement, or |
31 |
| understanding,
when payment from a contractor to a |
32 |
| subcontractor or supplier is
conditioned upon receipt of the |
33 |
| payment from any other party including a
private or public |
34 |
| owner, shall not be a defense by the
party responsible for |
35 |
| payment to a claim brought under Section 21, 22, 23,
or 28 of |
36 |
| this Act against the party. For the purpose of this Section,
|
|
|
|
SB1930 Engrossed |
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LRB094 08997 LCB 41406 b |
|
|
1 |
| "contractor" also includes subcontractor or supplier. The |
2 |
| provisions of
Public Act 87-1180 shall be construed as
|
3 |
| declarative of existing law and not as a new enactment.
|
4 |
| (Source: P.A. 87-361; 87-362; 87-895; 87-1180; 88-45.)
|
5 |
| (770 ILCS 60/21.01) (from Ch. 82, par. 21.01)
|
6 |
| Sec. 21.01. Failure of contractor to pay sub-contractor; |
7 |
| fraud; penalty.
Any contractor, or if the contractor is a |
8 |
| corporation any
officer or employee thereof, who with intent to |
9 |
| defraud induces a
subcontractor, as defined in Section 21, to |
10 |
| execute and deliver a waiver of
lien for the purpose of |
11 |
| enabling the contractor to obtain final payment
under his |
12 |
| contract and upon the representation that the contractor will,
|
13 |
| from such final payment, pay the subcontractor the amount due |
14 |
| the
subcontractor, and who willfully fails to pay the |
15 |
| subcontractor in full
within 30 days after such final payment |
16 |
| shall be guilty of a Class A
misdemeanor.
|
17 |
| (Source: P.A. 77-2705.)
|
18 |
| (770 ILCS 60/21.02)
|
19 |
| Sec. 21.02. Construction Trust Funds.
trust funds.
|
20 |
| (a) Money held in trust; trustees. Any owner, contractor, |
21 |
| subcontractor, or
supplier of any tier who requests or requires |
22 |
| the execution and delivery of a
waiver of mechanics lien by any |
23 |
| person who furnishes labor, services, material, fixtures, |
24 |
| apparatus or machinery, forms or form work
or
materials for the |
25 |
| improvement of a lot or a tract of land in exchange for
payment |
26 |
| or the promise of payment, shall hold in trust the sums |
27 |
| received by such person as the result of
unpaid sums subject
to |
28 |
| the waiver of mechanics lien, as trustee for the person who |
29 |
| furnished the
labor, services, material, fixtures, apparatus |
30 |
| or machinery, forms or form work or the person otherwise |
31 |
| entitled to payment in exchange for such waiver.
or materials.
|
32 |
| (b) How trust moneys held; commingling. Nothing contained |
33 |
| in this Section
shall be construed as requiring moneys held in |
34 |
| trust by an owner, contractor,
subcontractor, or material |
|
|
|
SB1930 Engrossed |
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LRB094 08997 LCB 41406 b |
|
|
1 |
| supplier under this Section to be placed in a
separate account. |
2 |
| If an owner, contractor, subcontractor, or material supplier
|
3 |
| commingles moneys held in trust under this Section with other |
4 |
| moneys, the mere
commingling of the moneys does not constitute |
5 |
| a violation of this Section.
|
6 |
| (c) Violation of this Section. Any owner, contractor, |
7 |
| subcontractor, or
material supplier
who knowingly retains or |
8 |
| used
uses the moneys held in trust under this Section or
any |
9 |
| part thereof, for any purpose other than to pay those persons |
10 |
| for whom the
moneys are held in trust, shall be liable to any |
11 |
| person who successfully
enforces his or her rights under this |
12 |
| Section for all damages sustained by that
person.
|
13 |
| (Source: P.A. 90-208, eff. 7-25-97.)
|
14 |
| (770 ILCS 60/22) (from Ch. 82, par. 22)
|
15 |
| Sec. 22. Partners or joint contractors; sub-letting of |
16 |
| contract; statement by sub-contractor; failure to provide; |
17 |
| penalty.
Whenever, after a contract has been made, the |
18 |
| contractor shall
associate one or more persons as partners or |
19 |
| joint contractors, in carrying
out the same, or any part |
20 |
| thereof, the lien for materials or labor , services, material, |
21 |
| fixtures, apparatus or machinery, forms or form work
furnished |
22 |
| by a sub-contractor to such contractor and his partners or
|
23 |
| associates, as originally agreed upon, shall continue the same |
24 |
| as if the
sub-contract had been made with all of said partners. |
25 |
| When the contractor
shall sub-let his contract or a specific |
26 |
| portion thereof to a
sub-contractor, the party furnishing |
27 |
| material to or performing labor , services, material, fixtures, |
28 |
| apparatus or machinery, forms or form work for
such |
29 |
| sub-contractor shall have a lien therefor; and may enforce his |
30 |
| lien in
the same manner as is herein provided for the |
31 |
| enforcement of liens by
sub-contractors. Any sub-contractor |
32 |
| shall, as often as requested in writing
by the owner, or |
33 |
| contractor, or the agent of either, make out and give to
such |
34 |
| owner, contractor or agent, a statement of the persons |
35 |
| furnishing labor, services, material, fixtures, apparatus or |
|
|
|
SB1930 Engrossed |
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LRB094 08997 LCB 41406 b |
|
|
1 |
| machinery, forms or form work
material and labor , giving their |
2 |
| names and how much, if anything, is due or
to become due to |
3 |
| each of them, and which statement shall be made under oath
if |
4 |
| required. If any sub-contractor shall fail to furnish such |
5 |
| statement
within 5 days after such demand, he shall forfeit to |
6 |
| such owner or
contractor the sum of $50 for every offense, |
7 |
| which may be recovered in a
civil action and shall have no |
8 |
| right of action against either owner or
contractor until he |
9 |
| shall furnish such statement, and the lien of such
|
10 |
| sub-contractor shall be subject to the liens of all other |
11 |
| creditors.
|
12 |
| (Source: P.A. 76-1381.)
|
13 |
| (770 ILCS 60/24) (from Ch. 82, par. 24)
|
14 |
| Sec. 24. Written notice by sub-contractor; service; when |
15 |
| notice not necessary; form of notice.
|
16 |
| (a) Sub-contractors, or parties
party furnishing labor ,
or |
17 |
| materials, fixtures, apparatus, machinery, or services, may at
|
18 |
| any time after making his or her contract with the contractor, |
19 |
| and shall
within 90 days after the completion thereof, or, if |
20 |
| extra or additional work
or material is delivered thereafter, |
21 |
| within 90 days after the date of
completion of such extra or |
22 |
| additional work or final delivery of such extra or
additional |
23 |
| material, cause a written notice of his or her claim and the |
24 |
| amount
due or to become due thereunder, to be sent by |
25 |
| registered or certified
mail, with return receipt requested, |
26 |
| and delivery limited to addressee
only, to or personally served |
27 |
| on the owner of record or his agent or
architect, or the |
28 |
| superintendent having charge of the building or
improvement and |
29 |
| to the lending agency, if known; however, if the lot or
lots |
30 |
| and tract or tracts of land in question are registered under |
31 |
| the
provisions of "An Act concerning land titles", approved May |
32 |
| 1, 1897, as
amended, the notice shall not be served as above |
33 |
| stated,
but shall be filed in
the office of the registrar of |
34 |
| titles of the county in which such lot or
lots and tract or |
35 |
| tracts of land are situated, and such notice shall not be
|
|
|
|
SB1930 Engrossed |
- 20 - |
LRB094 08997 LCB 41406 b |
|
|
1 |
| necessary when the sworn statement of the contractor or |
2 |
| subcontractor
provided for herein shall serve to give the owner |
3 |
| notice of the amount due
and to whom due, but where such |
4 |
| statement is incorrect as to the amount,
the subcontractor or |
5 |
| material man named shall be protected to the extent of
the |
6 |
| amount named therein as due or to become due to him or her. For |
7 |
| purposes of
this Section, notice by registered or certified |
8 |
| mail is considered served
at the time of its mailing.
|
9 |
| The form of such notice may be as follows: To (name of |
10 |
| owner): You are
hereby notified that I have been employed by |
11 |
| (the name of contractor) to
(state here what was the contract |
12 |
| or what was done, or to be done, or what
the claim is for) under |
13 |
| his or her contract with you, on your property at (here
give |
14 |
| substantial description of the property) and that there was due |
15 |
| to me,
or is to become due (as the case may be) therefor, the |
16 |
| sum of $.....
|
17 |
| Dated at .... this .... day of ....., .....
|
18 |
| (Signature).....
|
19 |
| (b) The serving of notice pursuant to subsection (a) of |
20 |
| this Section shall not constitute an admission by the lien |
21 |
| claimant that its status is that of subcontractor if it is |
22 |
| later determined that the party with whom the lien claimant |
23 |
| contracted was the owner or an agent of the owner.
|
24 |
| (Source: P.A. 84-551.)
|
25 |
| (770 ILCS 60/25) (from Ch. 82, par. 25)
|
26 |
| Sec. 25. Notice to persons not found or not residing in |
27 |
| county.
|
28 |
| (a) In all cases where the owner of record , his or her |
29 |
| agent, architect , or superintendent or lending agency, if |
30 |
| known,
cannot, upon reasonable diligence, be found in the |
31 |
| county in which said
improvement is made, or shall not reside |
32 |
| therein, the sub-contractor or
person furnishing labor, |
33 |
| services, material
materials , fixtures, apparatus or , |
34 |
| machinery, forms
labor or form work
services may give notice to |
35 |
| such persons who cannot be found by filing within 90 days after |
|
|
|
SB1930 Engrossed |
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LRB094 08997 LCB 41406 b |
|
|
1 |
| the completion of his or her contract with the contractor, or |
2 |
| if extra or additional work or material is delivered |
3 |
| thereafter, within 90 days after the date of completion of such |
4 |
| extra or additional work or final delivery of such extra or |
5 |
| additional material,
by filing in the office of the recorder
|
6 |
| against the person making the contract and the owner a claim |
7 |
| for lien
verified by the affidavit of himself or herself, or |
8 |
| his or her , agent or employee, which shall
consist of a brief |
9 |
| statement of his or her contract or demand, and the balance due
|
10 |
| after allowing all credits, and a sufficient correct |
11 |
| description of the
lot, lots or tract of land to identify the |
12 |
| same. An itemized account shall
not be necessary.
|
13 |
| (b) The notice recorded pursuant to subsection (a) of this |
14 |
| Section shall satisfy the notice requirements of Section 24 of |
15 |
| this Act only as to any owner of record, his or her agent, |
16 |
| architect, superintendent, or lending agency, if known, who or |
17 |
| which cannot, upon reasonable diligence, be found or shall not |
18 |
| reside in the county in which said improvement is made. In the |
19 |
| event that notice is recorded as provided herein, if such |
20 |
| notice complies with Section 7 of this Act it shall also be |
21 |
| deemed a claim for lien recorded pursuant to Section 7 of this |
22 |
| Act.
|
23 |
| (c) The recording of notice pursuant to subsection (a) of |
24 |
| this Section shall not constitute an admission by the lien |
25 |
| claimant that its status is that of subcontractor if it is |
26 |
| later determined that the party with whom the lien claimant |
27 |
| contracted was the owner or an agent of the owner.
|
28 |
| (Source: P.A. 83-358.)
|
29 |
| (770 ILCS 60/26) (from Ch. 82, par. 26)
|
30 |
| Sec. 26. Claim for wages as laborer preferred.
The claim of |
31 |
| any person for wages as a laborer under Sections
section
|
32 |
| fifteen,
21
twenty-one and 22
twenty-two of this Act shall be a |
33 |
| preferred lien.
|
34 |
| (Source: Laws 1903, p. 230.)
|
|
|
|
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|
|
1 |
| (770 ILCS 60/28) (from Ch. 82, par. 28)
|
2 |
| Sec. 28. Suits by laborers, materialmen or |
3 |
| sub-contractors.
If any money due to the laborers, materialmen, |
4 |
| or sub-contractors
be not paid within 10 days after his notice |
5 |
| is served as provided in
sections 5, 24, and 25, and 27, then |
6 |
| such person may either file a claim for
lien or file a |
7 |
| complaint and enforce such lien within the same limits as to
|
8 |
| time and in such other manner as hereinbefore provided for the |
9 |
| contractor
in section 7 and sections 9 to 20 inclusive, of this |
10 |
| Act, or he may sue
the owner and contractor jointly for the |
11 |
| amount due in the circuit court,
and a personal judgment may
be |
12 |
| rendered therein, as in other cases. In such actions, as in |
13 |
| suits
to enforce the lien, the owner shall be liable to the |
14 |
| plaintiff for no more
than the pro rata share that such person |
15 |
| would be entitled to with other
sub-contractors out of the |
16 |
| funds due to the contractor from the owner or one knowingly |
17 |
| permitted by the owner to
under
the contract for such |
18 |
| improvements and the contractor
between them , except as |
19 |
| hereinbefore provided for laborers and
materialmen, and such |
20 |
| action shall be maintained against the owner
only in case the |
21 |
| plaintiff establishes a right to the lien. All suits and
|
22 |
| actions by sub-contractors shall be against both contractor and |
23 |
| owner
jointly, and no judgment shall be rendered therein until |
24 |
| both are
duly brought before the court by process or |
25 |
| publication, and
such process may be served and publication |
26 |
| made as to all persons except
the owners as in other civil |
27 |
| actions. All such judgments, where the lien is
established |
28 |
| shall be against both jointly, but shall be enforced against
|
29 |
| the owner only to the extent that he is liable under his |
30 |
| contract as by
this Act provided, and shall recite the date |
31 |
| from which the lien thereof
attached according to the |
32 |
| provisions of Sections 1 to 20 of this Act; but
this shall not |
33 |
| preclude a judgment against the contractor, personally,
where |
34 |
| the lien is defeated.
|
35 |
| (Source: P.A. 79-1358.)
|
|
|
|
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|
|
1 |
| (770 ILCS 60/30) (from Ch. 82, par. 30)
|
2 |
| Sec. 30. Multiple liens; insufficient funds; hearing; |
3 |
| judgment.
If there are several liens under sections 21 and 22 |
4 |
| of this Act
upon the same premises, and the owner or any person |
5 |
| having such a lien shall
fear that there is not a sufficient |
6 |
| amount coming to the contractor to pay
all such liens, the
such |
7 |
| owner or any one or more persons having such lien may file his, |
8 |
| her
or their complaint in the circuit court of the proper |
9 |
| county, stating such
fact and such other facts as may be |
10 |
| sufficient to a full understanding of
the rights of the |
11 |
| parties. The contractor and all persons having liens upon
or |
12 |
| who are interested in the premises, so far as the same are |
13 |
| known to or
can be ascertained by the plaintiff, upon diligent |
14 |
| inquiry shall be made
parties. Upon the hearing the court shall |
15 |
| find the amount due from the owner
to the contractor, and the |
16 |
| amount due to each of the persons having liens,
and in case the |
17 |
| amount found to be due to the contractor shall be insufficient
|
18 |
| to discharge all the liens in full, the amount so found in |
19 |
| favor of the
contractor shall be divided between the persons |
20 |
| entitled to such liens pro
rata after the
payment of all claims |
21 |
| for wages in proportion to the amounts so found to
be due them |
22 |
| respectively. If the amount so found to be due to the
|
23 |
| contractor shall be sufficient to pay the liens in full, the |
24 |
| same shall
be so ordered. The premises may be sold as in other |
25 |
| cases under this
Act. The parties to such action shall |
26 |
| prosecute the same under like
requirements as are directed in |
27 |
| section 11 of this Act, and all
persons who shall be duly |
28 |
| notified of such proceedings, and who shall
fail to prove their |
29 |
| claims, whether the same be in judgment against the
owner or |
30 |
| not, shall forever lose the benefit of and be precluded from
|
31 |
| their liens and all claims against the owner. Upon the filing |
32 |
| of such
complaint the court may, on the motion of any person
|
33 |
| interested, and shall, upon final judgment stay further |
34 |
| proceedings upon
any action against the owner on account of |
35 |
| such liens, and costs in such
cases shall be adjusted as |
36 |
| provided for in section 17 of this Act.
|
|
|
|
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|
|
1 |
| (Source: P.A. 81-251.)
|
2 |
| (770 ILCS 60/32) (from Ch. 82, par. 32)
|
3 |
| Sec. 32. Payments to contractor by owner.
No payments to |
4 |
| the contractor or to his order of any money
or other |
5 |
| considerations due or to become due to the contractor shall be
|
6 |
| regarded as rightfully made, as against the sub-contractor, |
7 |
| laborer, or
party furnishing labor , services, material, |
8 |
| fixtures, apparatus or machinery, forms or form work
or |
9 |
| materials, if made by the owner without
exercising and |
10 |
| enforcing the rights and powers conferred upon him in
Sections |
11 |
| 5, 21 and 22 of this Act.
|
12 |
| (Source: P.A. 80-1333.)
|
13 |
| (770 ILCS 60/35) (from Ch. 82, par. 35)
|
14 |
| Sec. 35. Satisfaction or release; recording; neglect; |
15 |
| penalty.
Whenever a claim for lien has been filed with the |
16 |
| recorder or
the Registrar of deeds
Titles , either by the |
17 |
| contractor or sub-contractor,
and is paid before October 1, |
18 |
| 1973, with cost of filing same, or where there
is a failure to |
19 |
| institute suit to enforce the same after demand , as provided
in |
20 |
| the preceding section , within the time by this Act limited , the |
21 |
| person
filing the same or some one by him duly authorized in |
22 |
| writing so to do,
shall acknowledge satisfaction or release |
23 |
| thereof, in writing, on written
demand of the owner, lienor, or |
24 |
| any person interested in the real estate, or his or her agent |
25 |
| or attorney, and on neglect to do so for 10 days after such |
26 |
| written
demand he or she shall be
liable to the owner for the |
27 |
| sum of $2,500,
$25, which may be recovered in a civil action |
28 |
| together with the costs and the reasonable attorney's fees of |
29 |
| the owner, lienor, or other person interested in the real |
30 |
| estate, or his or her agent or attorney incurred in bringing |
31 |
| such action .
|
32 |
| (b) Such a satisfaction or release of lien may be filed |
33 |
| with the recorder
or Registrar of deeds
Titles in whose office |
34 |
| the claim for lien had been filed
and when so filed shall |
|
|
|
SB1930 Engrossed |
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|
|
1 |
| forever thereafter discharge and release the claim
for lien and |
2 |
| shall bar all actions brought or to be brought thereupon.
|
3 |
| (c)
Whenever a claim for lien has been filed with the |
4 |
| recorder
or the Registrar of Titles, either by the contractor |
5 |
| or sub-contractor,
and is paid after October 1, 1973 with cost |
6 |
| of filing such claim for lien,
the person filing the claim or |
7 |
| someone by him duly authorized in writing
so to do shall, upon |
8 |
| receipt of the satisfaction of such claim deliver a
release of |
9 |
| lien in writing to the owner within 30 days after receipt of
|
10 |
| payment or shall be liable to the owner for the sum of $100 |
11 |
| which may be
recovered in a civil action. The release of lien |
12 |
| shall have the following
imprinted thereon in bold letters at |
13 |
| least 1/4 inch in height: "FOR THE
PROTECTION OF THE OWNER, |
14 |
| THIS RELEASE
SHOULD BE FILED WITH THE RECORDER OR THE REGISTRAR |
15 |
| OF TITLES
IN WHOSE OFFICE THE CLAIM FOR LIEN WAS FILED." The |
16 |
| Recorder
or the Registrar of Titles in whose office the claim |
17 |
| for lien had been filed,
upon receipt of a release and the |
18 |
| payment of the recording or registration
fee, shall record or |
19 |
| register the release.
|
20 |
| (Source: P.A. 83-358.)
|
21 |
| (770 ILCS 60/1.1 rep.) (from Ch. 82, par. 1.1)
|
22 |
| Section 10. The Mechanics Lien Act is amended by repealing |
23 |
| Section 1.1.
|