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Rep. Rita Mayfield
Filed: 3/13/2013
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| 1 | | AMENDMENT TO HOUSE BILL 890
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| 2 | | AMENDMENT NO. ______. Amend House Bill 890 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 1 as follows:
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| 6 | | (770 ILCS 60/1) (from Ch. 82, par. 1)
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| 7 | | Sec. 1. Contractor defined; amount of lien; waiver of lien; |
| 8 | | attachment of lien; agreement to waive; when not enforceable.
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| 9 | | (a) Any person who shall by any contract or contracts, |
| 10 | | express or
implied, or partly expressed or implied, with the |
| 11 | | owner of a lot or
tract of land, or with one whom the owner has |
| 12 | | authorized or knowingly
permitted to contract, to improve the |
| 13 | | lot or tract of land or for the purpose of improving the tract |
| 14 | | of land, or to manage a
structure under construction thereon, |
| 15 | | is known under this Act as a contractor and has a lien upon the |
| 16 | | whole of such lot or tract of land and upon adjoining or |
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| 1 | | adjacent lots or tracts of land of such owner constituting the |
| 2 | | same premises and occupied or used in connection with such lot |
| 3 | | or tract of land as a place of residence or business; and in |
| 4 | | case the contract relates to 2 or more buildings, on 2 or more |
| 5 | | lots or tracts of land, upon all such lots and tracts of land |
| 6 | | and improvements thereon for the amount due to him or her for |
| 7 | | the material, fixtures, apparatus, machinery, services or |
| 8 | | labor, and interest at the rate of 10% per annum from the date |
| 9 | | the same is due. This lien extends to an estate in fee, for |
| 10 | | life, for years, or any other estate or any right of redemption |
| 11 | | or other interest that the owner may have in the lot or tract |
| 12 | | of land at the time of making such contract or may subsequently |
| 13 | | acquire and this lien attaches as of the date of the contract. |
| 14 | | A licensed public adjuster may be considered a contractor for |
| 15 | | purposes of this Act if such a determination serves the |
| 16 | | interests of justice. |
| 17 | | (b) As used in subsection (a) of this Section, "improve" |
| 18 | | means to furnish labor, services, material, fixtures, |
| 19 | | apparatus or
machinery, forms or form work in the process of |
| 20 | | construction where
cement, concrete or like material is used |
| 21 | | for the purpose of or in the
building, altering, repairing or |
| 22 | | ornamenting any house or other building,
walk or sidewalk, |
| 23 | | whether the walk or sidewalk is on the land or bordering
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| 24 | | thereon, driveway, fence or improvement or appurtenances to the |
| 25 | | lot or
tract of land or connected therewith, and upon, over or |
| 26 | | under a sidewalk,
street or alley adjoining; or fill, sod or |
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| 1 | | excavate such lot or tract of
land, or do landscape work |
| 2 | | thereon or therefor; or raise or lower any house
thereon or |
| 3 | | remove any house thereto, or remove any house or other |
| 4 | | structure
therefrom, or perform any services or incur any |
| 5 | | expense as an architect,
structural engineer, professional |
| 6 | | engineer, land surveyor or
property manager in, for or on a lot |
| 7 | | or tract of land for any such purpose;
or drill any water well |
| 8 | | thereon; or furnish or perform labor or services as
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| 9 | | superintendent, time keeper, mechanic, laborer or otherwise, |
| 10 | | in the
building, altering, repairing or ornamenting of the |
| 11 | | same; or furnish
material, fixtures, apparatus, machinery, |
| 12 | | labor or services, forms or form
work used in the process of |
| 13 | | construction where concrete, cement or like
material is used, |
| 14 | | or drill any water well on the order of his agent,
architect, |
| 15 | | structural engineer or superintendent having charge of the
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| 16 | | improvements, building, altering, repairing or ornamenting the |
| 17 | | same. |
| 18 | | (c) The taking of additional
security by the contractor or |
| 19 | | sub-contractor is not a waiver of any
right of lien which he |
| 20 | | may have by virtue of this Act, unless made a
waiver by express |
| 21 | | agreement of the parties and the waiver is not
prohibited by |
| 22 | | this Act.
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| 23 | | (d) An agreement to waive any right to enforce or claim any |
| 24 | | lien under this Act where the agreement is in anticipation of |
| 25 | | and in consideration for the awarding of a contract or |
| 26 | | subcontract, either express or implied, to perform work or |