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HB0236 Enrolled |
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LRB096 03053 AJO 13068 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 7 as follows:
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| (770 ILCS 60/7) (from Ch. 82, par. 7)
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| Sec. 7. Claim for lien; third parties; errors or |
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| overcharges; multiple buildings or lots.
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| (a) No contractor shall be allowed to enforce such lien |
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| against
or to the prejudice of any other creditor or |
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| incumbrancer or purchaser,
unless within 4 months after |
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| completion, or if extra or additional
work is done or labor, |
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| services, material, fixtures, apparatus or machinery, forms or |
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| form work is delivered therefor within 4 months after
the |
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| completion of such extra or additional work or the final |
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| delivery of
such extra or additional labor, services, material, |
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| fixtures, apparatus or machinery, forms or form work, he or she |
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| shall either bring an action to enforce
his or her lien |
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| therefor or shall file in the office of the recorder
of the |
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| county in which the building, erection or other improvement to |
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| be
charged with the lien is situated, a claim for lien, |
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| verified by the
affidavit of himself or herself, or his or her |
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| agent or employee, which
shall consist of a
brief statement of |
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HB0236 Enrolled |
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LRB096 03053 AJO 13068 b |
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| the claimant's contract, the balance due after allowing all
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| credits, and a sufficiently correct description of the lot, |
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| lots or
tracts of land to identify the same. Such claim for |
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| lien may be filed at
any time after the claimant's contract is |
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| made, and as to the owner may be filed at
any time after the |
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| contract is made and within 2 years after the
completion of the |
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| contract, or the completion of any extra work or the
furnishing |
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| of any extra labor, services, material, fixtures, apparatus or |
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| machinery, forms or form work thereunder, and as to such owner |
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| may be
amended at any time before the final judgment. No such |
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| lien shall be
defeated to the proper amount thereof because of |
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| an error or
overcharging on the part of any person claiming a |
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| lien therefor under
this Act, unless it shall be shown that |
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| such error or overcharge is made
with intent to defraud; nor |
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| shall any such lien for material be defeated
because of lack of |
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| proof that the material after the delivery thereof,
actually |
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| entered into the construction of such building or improvement,
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| although it be shown that such material was not actually used |
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| in the
construction of such building or improvement; provided, |
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| that it is shown that
such material was delivered either to the |
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| owner or his or her agent for that
building or improvement, to |
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| be used in that building or improvement, or
at the place where |
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| said building or improvement was being constructed,
for the |
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| purpose of being used in construction or for the purpose of
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| being employed in the process of construction as a means for |
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| assisting
in the erection of the building or improvement in |
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HB0236 Enrolled |
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LRB096 03053 AJO 13068 b |
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| what is commonly
termed forms or form work where concrete, |
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| cement or like material is
used, in whole or in part.
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| (b) In case of the construction of a number
of buildings |
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| under contract between the same parties, it shall be
sufficient |
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| in order to establish such lien for material, if it be shown
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| that such material was in good faith delivered at one of these
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| buildings for the purpose of being used in the construction of |
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| any one
or all of such buildings, or delivered to the owner or |
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| his or her agent for
such buildings, to be used therein; and |
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| such lien for such material
shall attach to all of said |
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| buildings, together with the land upon which
the same are being |
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| constructed, the same as in a single building or
improvement. |
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| In the event the contract
relates to 2 or more buildings on 2 |
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| or more lots or tracts of land,
then all of these buildings and |
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| lots or tracts of land may be included in
one statement of |
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| claims for a lien.
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| (c) A statement that a party is a subcontractor shall not |
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| constitute an admission by the lien claimant that its status is |
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| that of subcontractor if it is later determined that the party |
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| with whom the lien claimant contracted was the owner or an |
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| agent of the owner.
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| (d) 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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| within 10 days after recording a lien against any property of |
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| the owner. The notice is served when it is sent or personally |
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| delivered. If timely notice is not given and, as a result, the |
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LRB096 03053 AJO 13068 b |
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| owner has suffered damages before notice is given, the lien is |
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| extinguished to the extent of the damages. The mere recording |
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| of the lien claim is not considered damages. This subsection |
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| does not apply to subcontractors, and it applies only to |
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| contracts entered into after the effective date of this |
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| amendatory Act of the 96th General Assembly. |
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| (Source: P.A. 94-627, eff. 1-1-06.)
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