|
|
Sen. Terry Link
Filed: 5/4/2009
|
|
09600HB0236sam001 |
|
LRB096 03053 AJO 26150 a |
|
|
| 1 |
| AMENDMENT TO HOUSE BILL 236
|
| 2 |
| AMENDMENT NO. ______. Amend House Bill 236 by replacing |
| 3 |
| everything after the enacting clause with the following:
|
| 4 |
| "Section 5. The Mechanics Lien Act is amended by changing |
| 5 |
| Section 7 as follows:
|
| 6 |
| (770 ILCS 60/7) (from Ch. 82, par. 7)
|
| 7 |
| Sec. 7. Claim for lien; third parties; errors or |
| 8 |
| overcharges; multiple buildings or lots.
|
| 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, |
|
|
|
09600HB0236sam001 |
- 2 - |
LRB096 03053 AJO 26150 a |
|
|
| 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
|
| 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,
|
| 25 |
| although it be shown that such material was not actually used |
| 26 |
| in the
construction of such building or improvement; provided, |
|
|
|
09600HB0236sam001 |
- 3 - |
LRB096 03053 AJO 26150 a |
|
|
| 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
|
| 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.
|
| 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
|
| 13 |
| that such material was in good faith delivered at one of these
|
| 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.
|
| 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 |
|
|
|
09600HB0236sam001 |
- 4 - |
LRB096 03053 AJO 26150 a |
|
|
| 1 |
| with whom the lien claimant contracted was the owner or an |
| 2 |
| agent of the owner.
|
| 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.)".
|