Full Text of SB2073 96th General Assembly
SB2073 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 SB2073
Introduced 2/20/2009, by Sen. Pamela J. Althoff SYNOPSIS AS INTRODUCED: |
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770 ILCS 60/5 |
from Ch. 82, par. 5 |
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Amends the Mechanics Lien Act. Provides that a contractor must place on the face of a contract a statement that it is important that the property owner read and understand his or her duties to the contractor and any subcontractors the contractor uses. Requires that those duties be included in the contract. Provides that a contractor's failure to include the statement on the face of the contract relieves the owner of the property of any legal obligation to pay any subcontractors.
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A BILL FOR
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SB2073 |
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LRB096 10818 AJO 21038 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 | 5 |
| Section 5 as follows:
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| (770 ILCS 60/5) (from Ch. 82, par. 5)
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| Sec. 5. Statement of persons furnishing labor, services, | 8 |
| material, fixtures, apparatus or machinery, forms or form work | 9 |
| notice to owner of waiver; size of type.
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| (a) It shall be the duty of the contractor to give the | 11 |
| owner,
and the duty of the owner to require of the contractor, | 12 |
| before the owner
or his agent, architect, or superintendent | 13 |
| shall pay or cause to be
paid to the contractor or to his order | 14 |
| any moneys or other consideration
due or to become due to the | 15 |
| contractor, or make or cause to be made to the
contractor any | 16 |
| advancement of any moneys or any other consideration, a
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| statement in writing, under oath or verified by affidavit, of | 18 |
| the names and
addresses of all parties furnishing labor, | 19 |
| services, material, fixtures, apparatus or machinery, forms or | 20 |
| form work and of the amounts
due or to become due to each. | 21 |
| Merchants and dealers in materials only
shall not be required | 22 |
| to make statements required in this Section.
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| (b) The following shall apply to an owner-occupied |
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LRB096 10818 AJO 21038 b |
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| single-family residence: | 2 |
| (i) Each contractor shall provide the owner or his or | 3 |
| her agent, on the face either as part of the
contract or as | 4 |
| a separate printed statement given before the owner or his | 5 |
| agent makes the first payment for labor, materials, | 6 |
| fixtures, apparatus or machinery , the following:
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| "THE LAW REQUIRES THAT THE CONTRACTOR SHALL SUBMIT A | 8 |
| SWORN
STATEMENT OF PERSONS OR SUBCONTRACTORS FURNISHING | 9 |
| LABOR, SERVICES, MATERIAL, FIXTURES, APPARATUS OR | 10 |
| MACHINERY, FORMS OR FORM WORK BEFORE ANY PAYMENTS
ARE | 11 |
| REQUIRED TO BE MADE TO THE CONTRACTOR. "
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| IT IS IMPORTANT THAT YOU READ AND UNDERSTAND THE DUTIES | 13 |
| THAT YOU HAVE AS AN OWNER OF THE PROPERTY TO THE CONTRACTOR | 14 |
| AND TO ANY SUBCONTRACTOR THAT THE CONTRACTOR USES. THESE | 15 |
| DUTIES ARE PRINTED AND INCLUDED IN THIS CONTRACT UNDER THE | 16 |
| HEADING NAMED "PROPERTY OWNER'S DUTIES UNDER THE LAW"." | 17 |
| If the owners of the property are persons living | 18 |
| together, the aforesaid statement is conclusively presumed | 19 |
| given to each such owners if given to one of them.
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| (ii) Each subcontractor who has furnished, or
is | 21 |
| furnishing, labor, services, material, fixtures, apparatus | 22 |
| or machinery, forms or form work in order to preserve his | 23 |
| lien, shall notify the
occupant either personally or by | 24 |
| certified mail, return receipt requested,
addressed to the | 25 |
| occupant or his agent at the residence within 60 days from
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| his first furnishing labor, services, material, fixtures, |
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LRB096 10818 AJO 21038 b |
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| apparatus or machinery, forms or form work, of his | 2 |
| agreement to do so.
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| The notice shall contain the name and address of the | 4 |
| subcontractor
or material man, the date he started to work | 5 |
| or to deliver materials, the
type of work done and to be | 6 |
| done or the type of labor, services, material, fixtures, | 7 |
| apparatus or machinery, forms or form work delivered and to
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| be delivered, and the name of the contractor requesting the | 9 |
| work. The
notice shall also contain the following warning:
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| "NOTICE TO OWNER
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| The subcontractor providing this notice has performed | 12 |
| work for or
delivered material to your home improvement | 13 |
| contractor. These services or
materials are being used in | 14 |
| the improvements to your residence and entitle
the | 15 |
| subcontractor to file a lien against your residence if the | 16 |
| labor, services, material, fixtures, apparatus or | 17 |
| machinery, forms or form work are not paid for by your home | 18 |
| improvement contractor. A lien
waiver will be provided to | 19 |
| your contractor when the subcontractor is paid,
and you are | 20 |
| urged to request this waiver from your contractor when | 21 |
| paying
for your home improvements."
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| (iii) The statement and the notices required by | 23 |
| subdivisions (b)(i) and (b)(ii) of this Section shall be in | 24 |
| at least 10 point boldface type. For purposes
of this | 25 |
| Section, notice by certified mail is considered served at | 26 |
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time of its mailing. Any notice given pursuant to |
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LRB096 10818 AJO 21038 b |
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| subdivision (b)(ii) of this Section after 60 days by the | 2 |
| subcontractor, however, shall preserve his or her lien, but | 3 |
| only to the extent that the owner has not been prejudiced | 4 |
| by payments made before receipt of the notice.
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| (iv) The failure of a contractor to include the | 6 |
| statement contained in paragraph (i) on the face of the | 7 |
| contract relieves the owner of the property of any legal | 8 |
| obligation to pay any subcontractors under this Act. | 9 |
| (Source: P.A. 94-627, eff. 1-1-06.)
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