Sen. Don Harmon

Filed: 5/8/2015





09900HB2635sam001LRB099 03902 JLS 35351 a


2    AMENDMENT NO. ______. Amend House Bill 2635 on page 2 by
3replacing lines 12 and 13 with the following:
4        "bond;"; and
5on page 3 by replacing lines 12, 13, and 14 with the following:
6        "(3) "Lien claim" means a claim, excluding interest and
7    attorney's fees, on account of which (A) a notice or
8    amended notice of claim for lien under Section 24 of this
9    Act has been served; (B) a claim or amended claim for lien
10    under Section 7 of this"; and
11on page 3, line 23, by changing "recovers" to "is awarded a
12judgment equal to"; and
13on page 3, line 24, by changing "recovers" to "is awarded a
14judgment equal to"; and



09900HB2635sam001- 2 -LRB099 03902 JLS 35351 a

1on page 3, line 26, by inserting immediately after the period
2the following:
3"For purposes of determining the prevailing party, the amount
4of the lien claim shall be reduced by any payments received by
5the lien claimant from any source before the entry of judgment
6or otherwise upon petition by the lien claimant, but only for
7good cause shown. If any party makes a payment to the lien
8claimant within 5 months of the filing of a complaint under
9this Section, the principal on the bond may petition the court
10for a reduction of the bond equal to the amount of the payment
11made."; and
12on page 4 by replacing lines 14 through 18 with the following:
13"mechanics lien claim. The petition shall be verified and
14shall"; and
15on page 6 by replacing lines 3 and 4 with the following:
16"the petition and his or her attorney of record in a pending
17action on the lien claim, a copy of the petition attached
18together with the"; and
19on page 8 by replacing line 26 with the following:
20"the lien claim count or counts may be dismissed. An action
21under this Section does not preclude a claimant from bringing
22any other actions that do not arise under this Act."; and



09900HB2635sam001- 3 -LRB099 03902 JLS 35351 a

1on page 9 by replacing lines 1 through 9 with the following:
2    "(i) Subject to the defenses allowable under subsection
3(j)"; and
4on page 9, line 16, by inserting "reasonable" after "its"; and
5on page 9, line 24, by changing "(k)" to "(j)"; and
6on page 10, line 4, by changing "(l)" to "(k)"; and
7on page 10, line 10, by changing "(m)" to "(l)".