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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB1092
Introduced 2/11/2009, by Rep. Patrick J Verschoore SYNOPSIS AS INTRODUCED:
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770 ILCS 60/1 |
from Ch. 82, par. 1 |
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Amends the Mechanics Lien Act. Provides that "improve" does not include the furnishing of labor, services, material, fixtures, apparatus or machinery, forms or form work for the erection or improvement of a wind energy device by contract with anyone other than the owner of the lot or tract of land, and further provides that no lien exists under the Act with respect to that lot or tract. Provides that "wind energy device" has the same meaning as that term is defined in the Property Tax Code.
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A BILL FOR
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HB1092 |
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LRB096 06253 AJO 16336 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 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; |
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| attachment of lien; agreement to waive; when not enforceable.
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| (a) Any person who shall by any contract or contracts, |
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| express or
implied, or partly expressed or implied, with the |
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| owner of a lot or
tract of land, or with one whom the owner has |
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| authorized or knowingly
permitted to contract, to improve the |
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| lot or tract of land or for the purpose of improving the tract |
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| of land, or to manage a
structure under construction thereon, |
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| is known under this Act as a contractor and has a lien upon the |
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| whole of such lot or tract of land and upon adjoining or |
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| adjacent lots or tracts of land of such owner constituting the |
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| same premises and occupied or used in connection with such lot |
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| or tract of land as a place of residence or business; and in |
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| case the contract relates to 2 or more buildings, on 2 or more |
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| lots or tracts of land, upon all such lots and tracts of land |
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| and improvements thereon for the amount due to him or her for |
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| the material, fixtures, apparatus, machinery, services or |
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HB1092 |
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LRB096 06253 AJO 16336 b |
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| labor, and interest at the rate of 10% per annum from the date |
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| the same is due. This lien extends to an estate in fee, for |
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| life, for years, or any other estate or any right of redemption |
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| or other interest that the owner may have in the lot or tract |
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| of land at the time of making such contract or may subsequently |
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| acquire and this lien attaches as of the date of the contract. |
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| (b) As used in subsection (a) of this Section, "improve" |
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| means to furnish labor, services, material, fixtures, |
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| apparatus or
machinery, forms or form work in the process of |
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| construction where
cement, concrete or like material is used |
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| for the purpose of or in the
building, altering, repairing or |
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| ornamenting any house or other building,
walk or sidewalk, |
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| whether the walk or sidewalk is on the land or bordering
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| thereon, driveway, fence or improvement or appurtenances to the |
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| lot or
tract of land or connected therewith, and upon, over or |
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| under a sidewalk,
street or alley adjoining; or fill, sod or |
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| excavate such lot or tract of
land, or do landscape work |
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| thereon or therefor; or raise or lower any house
thereon or |
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| remove any house thereto, or remove any house or other |
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| structure
therefrom, or perform any services or incur any |
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| expense as an architect,
structural engineer, professional |
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| engineer, land surveyor or
property manager in, for or on a lot |
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| or tract of land for any such purpose;
or drill any water well |
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| thereon; or furnish or perform labor or services as
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| superintendent, time keeper, mechanic, laborer or otherwise, |
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| in the
building, altering, repairing or ornamenting of the |
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HB1092 |
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LRB096 06253 AJO 16336 b |
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| same; or furnish
material, fixtures, apparatus, machinery, |
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| labor or services, forms or form
work used in the process of |
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| construction where concrete, cement or like
material is used, |
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| or drill any water well on the order of his agent,
architect, |
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| structural engineer or superintendent having charge of the
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| improvements, building, altering, repairing or ornamenting the |
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| same. |
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| "Improve" does not include the furnishing of labor, |
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| services, material, fixtures, apparatus or machinery, forms or |
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| form work for the erection or improvement of a wind energy |
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| device by contract with anyone other than the owner of the lot |
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| or tract of land, and no lien exists under this Act with |
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| respect to that lot or tract. A "wind energy device" has the |
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| same meaning as that term is defined in Section 10-600 of the |
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| Property Tax Code. |
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| (c) The taking of additional
security by the contractor or |
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| sub-contractor is not a waiver of any
right of lien which he |
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| may have by virtue of this Act, unless made a
waiver by express |
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| agreement of the parties and the waiver is not
prohibited by |
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| this Act.
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| (d) An agreement to waive any right to enforce or claim any |
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| lien under this Act where the agreement is in anticipation of |
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| and in consideration for the awarding of a contract or |
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| subcontract, either express or implied, to perform work or |
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| supply materials for an improvement upon real property is |
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| against public policy and unenforceable. This Section does not |