Full Text of HB5663 098th General Assembly
HB5663 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB5663 Introduced , by Rep. Elgie R. Sims, Jr. 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 the Act does not apply unless there is a written and executed contract to improve the lot or tract of land or for the purpose of improving the tract of land or to manage a
structure under construction thereon.
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| | A BILL FOR |
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| 1 | | AN ACT concerning civil law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Mechanics Lien Act is amended by changing | 5 | | Section 1 as follows:
| 6 | | (770 ILCS 60/1) (from Ch. 82, par. 1)
| 7 | | Sec. 1. Contractor defined; amount of lien; waiver of lien; | 8 | | attachment of lien; agreement to waive; when not enforceable.
| 9 | | (a) Any person who shall by any written and executed | 10 | | contract or contracts, express or
implied, or partly expressed | 11 | | or implied, with the owner of a lot or
tract of land, or with | 12 | | one whom the owner has authorized or knowingly
permitted to | 13 | | contract, to improve the lot or tract of land or for the | 14 | | purpose of improving the tract of land, or to manage a
| 15 | | structure under construction thereon, is known under this Act | 16 | | as a contractor and has a lien upon the whole of such lot or | 17 | | tract of land and upon adjoining or adjacent lots or tracts of | 18 | | land of such owner constituting the same premises and occupied | 19 | | or used in connection with such lot or tract of land as a place | 20 | | of residence or business; and in case the contract relates to 2 | 21 | | or more buildings, on 2 or more lots or tracts of land, upon | 22 | | all such lots and tracts of land and improvements thereon for | 23 | | the amount due to him or her for the material, fixtures, |
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| 1 | | apparatus, machinery, services or labor, and interest at the | 2 | | rate of 10% per annum from the date the same is due. This lien | 3 | | extends to an estate in fee, for life, for years, or any other | 4 | | estate or any right of redemption or other interest that the | 5 | | owner may have in the lot or tract of land at the time of making | 6 | | such contract or may subsequently acquire and this lien | 7 | | attaches as of the date of the written and executed contract. | 8 | | This Act does not apply unless there is a written and executed | 9 | | contract to improve the lot or tract of land or for the purpose | 10 | | of improving the tract of land or to manage a
structure under | 11 | | construction thereon. | 12 | | (b) As used in subsection (a) of this Section, "improve" | 13 | | means to furnish labor, services, material, fixtures, | 14 | | apparatus or
machinery, forms or form work in the process of | 15 | | construction where
cement, concrete or like material is used | 16 | | for the purpose of or in the
building, altering, repairing or | 17 | | ornamenting any house or other building,
walk or sidewalk, | 18 | | whether the walk or sidewalk is on the land or bordering
| 19 | | thereon, driveway, fence or improvement or appurtenances to the | 20 | | lot or
tract of land or connected therewith, and upon, over or | 21 | | under a sidewalk,
street or alley adjoining; or fill, sod or | 22 | | excavate such lot or tract of
land, or do landscape work | 23 | | thereon or therefor; or raise or lower any house
thereon or | 24 | | remove any house thereto, or remove any house or other | 25 | | structure
therefrom, or perform any services or incur any | 26 | | expense as an architect,
structural engineer, professional |
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| 1 | | engineer, land surveyor or
property manager in, for or on a lot | 2 | | or tract of land for any such purpose;
or drill any water well | 3 | | thereon; or furnish or perform labor or services as
| 4 | | superintendent, time keeper, mechanic, laborer or otherwise, | 5 | | in the
building, altering, repairing or ornamenting of the | 6 | | same; or furnish
material, fixtures, apparatus, machinery, | 7 | | labor or services, forms or form
work used in the process of | 8 | | construction where concrete, cement or like
material is used, | 9 | | or drill any water well on the order of his agent,
architect, | 10 | | structural engineer or superintendent having charge of the
| 11 | | improvements, building, altering, repairing or ornamenting the | 12 | | same. | 13 | | (c) The taking of additional
security by the contractor or | 14 | | sub-contractor is not a waiver of any
right of lien which he | 15 | | may have by virtue of this Act, unless made a
waiver by express | 16 | | agreement of the parties and the waiver is not
prohibited by | 17 | | this Act.
| 18 | | (d) An agreement to waive any right to enforce or claim any | 19 | | lien under this Act where the agreement is in anticipation of | 20 | | and in consideration for the awarding of a contract or | 21 | | subcontract, either express or implied, to perform work or | 22 | | supply materials for an improvement upon real property is | 23 | | against public policy and unenforceable. This Section does not | 24 | | prohibit release of lien under subsection (b) of Section 35 of | 25 | | this Act or prohibit subordination of the lien, except as | 26 | | provided in Section 21.
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| 1 | | (Source: P.A. 94-627, eff. 1-1-06.)
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