Judiciary I - Civil Law Committee
Adopted in House Comm. on Mar 04, 2004
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1 | AMENDMENT TO HOUSE BILL 4215
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2 | AMENDMENT NO. ______. Amend House Bill 4215 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Mechanics Lien Act is amended by changing | ||||||
5 | Section 24 as follows:
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6 | (770 ILCS 60/24) (from Ch. 82, par. 24)
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7 | Sec. 24. Sub-contractors, or party furnishing labor or | ||||||
8 | materials, may at
any time after making his or her contract | ||||||
9 | with the contractor, and shall
within 90 days after the | ||||||
10 | completion thereof, or, if extra or additional work
or material | ||||||
11 | is delivered thereafter, within 90 days after the date of
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12 | completion of such extra or additional work or final delivery | ||||||
13 | of such extra or
additional material, or within 90 days of | ||||||
14 | substantial completion of a commercial project, whichever is | ||||||
15 | greater, cause a written notice of his or her claim and the | ||||||
16 | amount
due or to become due thereunder, to be sent by | ||||||
17 | registered or certified
mail, with return receipt requested, | ||||||
18 | and delivery limited to addressee
only, to or personally served | ||||||
19 | on the owner of record or his agent or
architect, or the | ||||||
20 | superintendent having charge of the building or
improvement and | ||||||
21 | to the lending agency, if known; however, if the lot or
lots | ||||||
22 | and tract or tracts of land in question are registered under | ||||||
23 | the
provisions of "An Act concerning land titles", approved May | ||||||
24 | 1, 1897, as
amended, the notice shall not be served as above |
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1 | stated,
but shall be filed in
the office of the registrar of | ||||||
2 | titles of the county in which such lot or
lots and tract or | ||||||
3 | tracts of land are situated, and such notice shall not be
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4 | necessary when the sworn statement of the contractor or | ||||||
5 | subcontractor
provided for herein shall serve to give the owner | ||||||
6 | notice of the amount due
and to whom due, but where such | ||||||
7 | statement is incorrect as to the amount,
the subcontractor or | ||||||
8 | material man named shall be protected to the extent of
the | ||||||
9 | amount named therein as due or to become due to him or her. For | ||||||
10 | purposes of
this Section, notice by registered or certified | ||||||
11 | mail is considered served
at the time of its mailing.
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12 | The form of such notice may be as follows: To (name of | ||||||
13 | owner): You are
hereby notified that I have been employed by | ||||||
14 | (the name of contractor) to
(state here what was the contract | ||||||
15 | or what was done, or to be done, or what
the claim is for) under | ||||||
16 | his or her contract with you, on your property at (here
give | ||||||
17 | substantial description of the property) and that there was due | ||||||
18 | to me,
or is to become due (as the case may be) therefor, the | ||||||
19 | sum of $.....
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20 | Dated at .... this .... day of ....., .....
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21 | (Signature).....
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22 | (Source: P.A. 84-551.)".
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