Full Text of HB0236 96th General Assembly
HB0236eng 96TH GENERAL ASSEMBLY
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HB0236 Engrossed |
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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 | 5 |
| 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; | 8 |
| attachment of lien; agreement to waive; when not enforceable.
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| (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 | 17 |
| adjacent lots or tracts of land of such owner constituting the | 18 |
| same premises and occupied or used in connection with such lot | 19 |
| or tract of land as a place of residence or business; and in | 20 |
| case the contract relates to 2 or more buildings, on 2 or more | 21 |
| lots or tracts of land, upon all such lots and tracts of land | 22 |
| and improvements thereon for the amount due to him or her for | 23 |
| the material, fixtures, apparatus, machinery, services or |
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| labor, and interest at the rate of 10% per annum from the date | 2 |
| the same is due. This lien extends to an estate in fee, for | 3 |
| life, for years, or any other estate or any right of redemption | 4 |
| or other interest that the owner may have in the lot or tract | 5 |
| of land at the time of making such contract or may subsequently | 6 |
| acquire and this lien attaches as of the date of the contract. | 7 |
| (b) As used in subsection (a) of this Section, "improve" | 8 |
| means to furnish labor, services, material, fixtures, | 9 |
| apparatus or
machinery, forms or form work in the process of | 10 |
| construction where
cement, concrete or like material is used | 11 |
| for the purpose of or in the
building, altering, repairing or | 12 |
| ornamenting any house or other building,
walk or sidewalk, | 13 |
| whether the walk or sidewalk is on the land or bordering
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| thereon, driveway, fence or improvement or appurtenances to the | 15 |
| lot or
tract of land or connected therewith, and upon, over or | 16 |
| under a sidewalk,
street or alley adjoining; or fill, sod or | 17 |
| excavate such lot or tract of
land, or do landscape work | 18 |
| thereon or therefor; or raise or lower any house
thereon or | 19 |
| remove any house thereto, or remove any house or other | 20 |
| structure
therefrom, or perform any services or incur any | 21 |
| expense as an architect,
structural engineer, professional | 22 |
| engineer, land surveyor or
property manager in, for or on a lot | 23 |
| or tract of land for any such purpose;
or drill any water well | 24 |
| thereon; or furnish or perform labor or services as
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| superintendent, time keeper, mechanic, laborer or otherwise, | 26 |
| in the
building, altering, repairing or ornamenting of the |
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| same; or furnish
material, fixtures, apparatus, machinery, | 2 |
| labor or services, forms or form
work used in the process of | 3 |
| construction where concrete, cement or like
material is used, | 4 |
| or drill any water well on the order of his agent,
architect, | 5 |
| structural engineer or superintendent having charge of the
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| improvements, building, altering, repairing or ornamenting the | 7 |
| same. | 8 |
| (c) The taking of additional
security by the contractor or | 9 |
| sub-contractor is not a waiver of any
right of lien which he | 10 |
| may have by virtue of this Act, unless made a
waiver by express | 11 |
| agreement of the parties and the waiver is not
prohibited by | 12 |
| this Act.
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| (d) An agreement to waive any right to enforce or claim any | 14 |
| lien under this Act where the agreement is in anticipation of | 15 |
| and in consideration for the awarding of a contract or | 16 |
| subcontract, either express or implied, to perform work or | 17 |
| supply materials for an improvement upon real property is | 18 |
| against public policy and unenforceable. This Section does not | 19 |
| prohibit release of lien under subsection (b) of Section 35 of | 20 |
| this Act or prohibit subordination of the lien, except as | 21 |
| provided in Section 21.
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| (e) A contractor for improvements of an owner-occupied | 23 |
| single-family residence must give the owner written notice by | 24 |
| certified mail within 10 days after recording a lien against | 25 |
| any property of the owner. | 26 |
| (Source: P.A. 94-627, eff. 1-1-06.)
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| Section 99. Effective date. This Act takes effect upon | 2 |
| becoming law. |
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