(770 ILCS 60/4) (from Ch. 82, par. 4)
Sec. 4.
When the owner of the land shall fail to pay the contractor moneys
justly due him under the contract at the time when the same should be paid,
or fails to perform his part of the contract in any other manner, the
contractor may discontinue work, and the contractor shall not be held
liable for any delay on his part during the period of, or caused by, such
breach of contract on the part of the owner; and if after such breach for
the period of ten days the owner shall fail to comply with his contract,
the contractor may abandon the work, and in such a case the contractor
shall be entitled to enforce his lien for the value of what has been done,
and the court shall adjust his claim and allow him a lien accordingly. In
such cases all persons furnishing material which has not been incorporated
in the improvement shall have the right to take possession of and remove
the same if he so elects.
(Source: Laws 1903, p. 230.)
|