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HB5572 Engrossed |
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LRB095 15996 AJO 42009 b |
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| AN ACT concerning civil law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Mechanics Lien Act is amended by changing |
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| Section 1 as follows:
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| (770 ILCS 60/1) (from Ch. 82, par. 1)
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| Sec. 1. Contractor defined; amount of lien; waiver of lien; |
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| attachment of lien; agreement to waive; when not enforceable.
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| (a) Any person who shall by any contract or contracts, |
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| express or
implied, or partly expressed or implied, with the |
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| owner of a lot or
tract of land, or with one whom the owner has |
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| authorized or knowingly
permitted to contract, to improve the |
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| lot or tract of land or for the purpose of improving the tract |
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| of land, or to manage a
structure under construction thereon, |
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| is known under this Act as a contractor and has a lien upon the |
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| whole of such lot or tract of land and upon adjoining or |
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| adjacent lots or tracts of land of such owner constituting the |
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| same premises and occupied or used in connection with such lot |
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| or tract of land as a place of residence or business; and in |
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| case the contract relates to 2 or more buildings, on 2 or more |
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| lots or tracts of land, upon all such lots and tracts of land |
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| and improvements thereon for the amount due to him or her for |
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| the material, fixtures, apparatus, machinery, services or |
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HB5572 Engrossed |
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LRB095 15996 AJO 42009 b |
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| labor, and interest at the rate of 10% per annum from the date |
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| the same is due. This lien extends to an estate in fee, for |
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| life, for years, or any other estate or any right of redemption |
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| or other interest that the owner may have in the lot or tract |
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| of land at the time of making such contract or may subsequently |
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| acquire and this lien attaches as of the date of the contract. |
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| (b) As used in subsection (a) of this Section, "improve" |
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| means to furnish labor, services, material, fixtures, |
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| apparatus or
machinery, forms or form work in the process of |
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| construction where
cement, concrete or like material is used |
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| for the purpose of or in the
building, altering, repairing or |
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| ornamenting any house or other building,
walk or sidewalk, |
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| whether the walk or sidewalk is on the land or bordering
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| thereon, driveway, fence or improvement or appurtenances to the |
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| lot or
tract of land or connected therewith, and upon, over or |
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| under a sidewalk,
street or alley adjoining; or fill, sod or |
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| excavate such lot or tract of
land, or do landscape work |
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| thereon or therefor; or raise or lower any house
thereon or |
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| remove any house thereto, or remove any house or other |
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| structure
therefrom, or perform any services or incur any |
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| expense as an architect,
structural engineer, professional |
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| engineer, land surveyor or
property manager in, for or on a lot |
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| or tract of land for any such purpose;
or drill any water well |
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| thereon; or furnish or perform labor or services as
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| superintendent, time keeper, mechanic, laborer or otherwise, |
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| in the
building, altering, repairing or ornamenting of the |
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HB5572 Engrossed |
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LRB095 15996 AJO 42009 b |
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| same; or furnish
material, fixtures, apparatus, machinery, |
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| labor or services, forms or form
work used in the process of |
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| construction where concrete, cement or like
material is used, |
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| or drill any water well on the order of his agent,
architect, |
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| structural engineer or superintendent having charge of the
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| improvements, building, altering, repairing or ornamenting the |
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| same. |
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| (c) The taking of additional
security by the contractor or |
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| sub-contractor is not a waiver of any
right of lien which he |
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| may have by virtue of this Act, unless made a
waiver by express |
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| agreement of the parties and the waiver is not
prohibited by |
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| this Act.
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| (d) An agreement to waive any right to enforce or claim any |
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| lien under this Act where the agreement is in anticipation of |
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| and in consideration for the awarding of a contract or |
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| subcontract, either express or implied, to perform work or |
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| supply materials for an improvement upon real property is |
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| against public policy and unenforceable. This Section does not |
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| prohibit release of lien under subsection (b) of Section 35 of |
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| this Act or prohibit subordination of the lien, except as |
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| provided in Section 21.
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| (e) A contractor for improvements of an owner-occupied |
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| single-family residence must give the owner written notice |
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| before filing a lien against any property of the owner. |
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| (Source: P.A. 94-627, eff. 1-1-06.)
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| Section 99. Effective date. This Act takes effect upon |