(770 ILCS 60/17)
(from Ch. 82, par. 17)
(a) The costs of proceedings as between all parties to the suit shall
be taxed equitably against the losing party, and where taxed against more
than one party, shall be so taxed against all in favor of the proper party
but equitably as between themselves; and the costs, as between creditors
aforesaid in contests relative to each other's claims, shall be subject to
the order of the court, and the same rule shall prevail in respect to costs
growing out of the proceedings against and between incumbrances.
(b) If the court specifically finds that the owner who contracted to have
the improvements made failed to pay any lien claimant the full contract price,
including extras, without just cause or right, the court may tax that owner,
but not any other party, the reasonable attorney's fees of the lien claimant
who had perfected and proven his or her claim.
(c) If the court specifically finds that a lien claimant has brought an
action under this Act without just cause or right, the court may tax the
claimant the reasonable attorney's fees of the owner who contracted to have the
improvements made and defended the action, but not those of any other party.
(d) "Without just cause or right", as used in this Section, means a claim
asserted by a lien claimant or a defense asserted by the owner who contracted
to have the improvements made, which is not well grounded in fact and warranted
by existing law or a good faith argument for the extension, modification, or
of existing law.
(e) This amendatory Act of 1995 applies to any mechanics lien claim that is
perfected on or after the effective date of this amendatory Act of 1995.
(Source: P.A. 89-253, eff. 8-8-95.)