(770 ILCS 60/27)
(from Ch. 82, par. 27)
When the owner or his agent is notified as provided in this
Act, he shall retain from any money due or to become due the contractor,
an amount sufficient to pay all demands that are or will become due such
sub-contractor, tradesman, materialman, mechanic, or
worker of whose claim he is notified, and shall pay over the same to the
parties entitled thereto.
Such payment shall be as follows:
First - All claims for wages shall be paid in full.
Second - The claims of tradesmen, materialmen and sub-contractors, who
are entitled to liens pro rata, in proportion to the amount due them
respectively. All payments made as directed shall, as between such owner
and contractor, be considered the same as if paid to such contractor.
Any payment made by the owner to the contractor after such notice,
without retaining sufficient money to pay such claims, shall be
considered illegal and made in violation of the rights of the laborers
and sub-contractors and the rights of such laborers and sub-contractors
to a lien shall not be affected thereby, but the owner shall not be held
liable to any laborer and sub-contractor or other person whose name is
omitted from the statement provided for in Sections 5 and 22 of this Act, nor
for any larger amount than the sum therein
named as due such person (provided such omission is not made with the
knowledge or collusion of the owner), unless previous thereto or to his
payment to his contractor, he shall be notified, as herein provided, by
such person of their claim and the true amount thereof.
Third - The balance, if any, to the contractor.
(Source: P.A. 91-357, eff. 7-29-99.)