Full Text of HB0236 96th General Assembly
HB0236enr 96TH GENERAL ASSEMBLY
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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 | 5 |
| 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 | 8 |
| overcharges; multiple buildings or lots.
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| (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, | 17 |
| fixtures, apparatus or machinery, forms or form work, he or she | 18 |
| shall either bring an action to enforce
his or her lien | 19 |
| therefor or shall file in the office of the recorder
of the | 20 |
| county in which the building, erection or other improvement to | 21 |
| be
charged with the lien is situated, a claim for lien, | 22 |
| verified by the
affidavit of himself or herself, or his or her | 23 |
| agent or employee, which
shall consist of a
brief statement of |
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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, | 3 |
| lots or
tracts of land to identify the same. Such claim for | 4 |
| lien may be filed at
any time after the claimant's contract is | 5 |
| made, and as to the owner may be filed at
any time after the | 6 |
| contract is made and within 2 years after the
completion of the | 7 |
| contract, or the completion of any extra work or the
furnishing | 8 |
| of any extra labor, services, material, fixtures, apparatus or | 9 |
| machinery, forms or form work thereunder, and as to such owner | 10 |
| may be
amended at any time before the final judgment. No such | 11 |
| lien shall be
defeated to the proper amount thereof because of | 12 |
| an error or
overcharging on the part of any person claiming a | 13 |
| lien therefor under
this Act, unless it shall be shown that | 14 |
| such error or overcharge is made
with intent to defraud; nor | 15 |
| shall any such lien for material be defeated
because of lack of | 16 |
| proof that the material after the delivery thereof,
actually | 17 |
| entered into the construction of such building or improvement,
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| although it be shown that such material was not actually used | 19 |
| in the
construction of such building or improvement; provided, | 20 |
| that it is shown that
such material was delivered either to the | 21 |
| owner or his or her agent for that
building or improvement, to | 22 |
| be used in that building or improvement, or
at the place where | 23 |
| said building or improvement was being constructed,
for the | 24 |
| 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 | 26 |
| assisting
in the erection of the building or improvement in |
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| what is commonly
termed forms or form work where concrete, | 2 |
| 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 | 4 |
| under contract between the same parties, it shall be
sufficient | 5 |
| 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 | 8 |
| any one
or all of such buildings, or delivered to the owner or | 9 |
| his or her agent for
such buildings, to be used therein; and | 10 |
| such lien for such material
shall attach to all of said | 11 |
| buildings, together with the land upon which
the same are being | 12 |
| constructed, the same as in a single building or
improvement. | 13 |
| In the event the contract
relates to 2 or more buildings on 2 | 14 |
| or more lots or tracts of land,
then all of these buildings and | 15 |
| lots or tracts of land may be included in
one statement of | 16 |
| claims for a lien.
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| (c) A statement that a party is a subcontractor shall not | 18 |
| constitute an admission by the lien claimant that its status is | 19 |
| that of subcontractor if it is later determined that the party | 20 |
| with whom the lien claimant contracted was the owner or an | 21 |
| agent of the owner.
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| (d) A contractor for improvements of an owner-occupied | 23 |
| single-family residence must give the owner written notice | 24 |
| within 10 days after recording a lien against any property of | 25 |
| the owner. The notice is served when it is sent or personally | 26 |
| delivered. If timely notice is not given and, as a result, the |
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| owner has suffered damages before notice is given, the lien is | 2 |
| extinguished to the extent of the damages. The mere recording | 3 |
| of the lien claim is not considered damages. This subsection | 4 |
| does not apply to subcontractors, and it applies only to | 5 |
| contracts entered into after the effective date of this | 6 |
| amendatory Act of the 96th General Assembly. | 7 |
| (Source: P.A. 94-627, eff. 1-1-06.)
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