Sen. Terry Link
Filed: 5/4/2009
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| 1 | AMENDMENT TO HOUSE BILL 236
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| 2 | AMENDMENT NO. ______. Amend House Bill 236 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 7 as follows:
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| 6 | (770 ILCS 60/7) (from Ch. 82, par. 7)
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| 7 | Sec. 7. Claim for lien; third parties; errors or | ||||||
| 8 | overcharges; multiple buildings or lots.
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| 9 | (a) No contractor shall be allowed to enforce such lien | ||||||
| 10 | against
or to the prejudice of any other creditor or | ||||||
| 11 | incumbrancer or purchaser,
unless within 4 months after | ||||||
| 12 | completion, or if extra or additional
work is done or labor, | ||||||
| 13 | services, material, fixtures, apparatus or machinery, forms or | ||||||
| 14 | form work is delivered therefor within 4 months after
the | ||||||
| 15 | completion of such extra or additional work or the final | ||||||
| 16 | delivery of
such extra or additional labor, services, material, | ||||||
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| 1 | fixtures, apparatus or machinery, forms or form work, he or she | ||||||
| 2 | shall either bring an action to enforce
his or her lien | ||||||
| 3 | therefor or shall file in the office of the recorder
of the | ||||||
| 4 | county in which the building, erection or other improvement to | ||||||
| 5 | be
charged with the lien is situated, a claim for lien, | ||||||
| 6 | verified by the
affidavit of himself or herself, or his or her | ||||||
| 7 | agent or employee, which
shall consist of a
brief statement of | ||||||
| 8 | the claimant's contract, the balance due after allowing all
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| 9 | credits, and a sufficiently correct description of the lot, | ||||||
| 10 | lots or
tracts of land to identify the same. Such claim for | ||||||
| 11 | lien may be filed at
any time after the claimant's contract is | ||||||
| 12 | made, and as to the owner may be filed at
any time after the | ||||||
| 13 | contract is made and within 2 years after the
completion of the | ||||||
| 14 | contract, or the completion of any extra work or the
furnishing | ||||||
| 15 | of any extra labor, services, material, fixtures, apparatus or | ||||||
| 16 | machinery, forms or form work thereunder, and as to such owner | ||||||
| 17 | may be
amended at any time before the final judgment. No such | ||||||
| 18 | lien shall be
defeated to the proper amount thereof because of | ||||||
| 19 | an error or
overcharging on the part of any person claiming a | ||||||
| 20 | lien therefor under
this Act, unless it shall be shown that | ||||||
| 21 | such error or overcharge is made
with intent to defraud; nor | ||||||
| 22 | shall any such lien for material be defeated
because of lack of | ||||||
| 23 | proof that the material after the delivery thereof,
actually | ||||||
| 24 | entered into the construction of such building or improvement,
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| 25 | although it be shown that such material was not actually used | ||||||
| 26 | in the
construction of such building or improvement; provided, | ||||||
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| 1 | that it is shown that
such material was delivered either to the | ||||||
| 2 | owner or his or her agent for that
building or improvement, to | ||||||
| 3 | be used in that building or improvement, or
at the place where | ||||||
| 4 | said building or improvement was being constructed,
for the | ||||||
| 5 | purpose of being used in construction or for the purpose of
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| 6 | being employed in the process of construction as a means for | ||||||
| 7 | assisting
in the erection of the building or improvement in | ||||||
| 8 | what is commonly
termed forms or form work where concrete, | ||||||
| 9 | cement or like material is
used, in whole or in part.
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| 10 | (b) In case of the construction of a number
of buildings | ||||||
| 11 | under contract between the same parties, it shall be
sufficient | ||||||
| 12 | in order to establish such lien for material, if it be shown
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| 13 | that such material was in good faith delivered at one of these
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| 14 | buildings for the purpose of being used in the construction of | ||||||
| 15 | any one
or all of such buildings, or delivered to the owner or | ||||||
| 16 | his or her agent for
such buildings, to be used therein; and | ||||||
| 17 | such lien for such material
shall attach to all of said | ||||||
| 18 | buildings, together with the land upon which
the same are being | ||||||
| 19 | constructed, the same as in a single building or
improvement. | ||||||
| 20 | In the event the contract
relates to 2 or more buildings on 2 | ||||||
| 21 | or more lots or tracts of land,
then all of these buildings and | ||||||
| 22 | lots or tracts of land may be included in
one statement of | ||||||
| 23 | claims for a lien.
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| 24 | (c) A statement that a party is a subcontractor shall not | ||||||
| 25 | constitute an admission by the lien claimant that its status is | ||||||
| 26 | that of subcontractor if it is later determined that the party | ||||||
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| 1 | with whom the lien claimant contracted was the owner or an | ||||||
| 2 | agent of the owner.
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| 3 | (d) A contractor for improvements of an owner-occupied | ||||||
| 4 | single-family residence must give the owner written notice | ||||||
| 5 | within 10 days after recording a lien against any property of | ||||||
| 6 | the owner. The notice is served when it is sent or personally | ||||||
| 7 | delivered. If timely notice is not given and, as a result, the | ||||||
| 8 | owner has suffered damages before notice is given, the lien is | ||||||
| 9 | extinguished to the extent of the damages. The mere recording | ||||||
| 10 | of the lien claim is not considered damages. This subsection | ||||||
| 11 | does not apply to subcontractors, and it applies only to | ||||||
| 12 | contracts entered into after the effective date of this | ||||||
| 13 | amendatory Act of the 96th General Assembly. | ||||||
| 14 | (Source: P.A. 94-627, eff. 1-1-06.)".
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