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(770 ILCS 60/28) (from Ch. 82, par. 28)
Sec. 28. Suits by laborers, materialmen or sub-contractors.
If any money due to the laborers, materialmen, or sub-contractors
be not paid within 10 days after his notice is served as provided in
Sections 5, 24, and 25, then such person may file a claim for
lien or file a complaint and enforce such lien within the same limits as to
time and in such other manner as hereinbefore provided for the contractor
in Section 7 and Sections 9 to 20 inclusive, of this Act, or he may sue
the owner and contractor jointly for the amount due in the circuit court,
and a personal judgment may
be rendered therein, as in other cases. In such actions, as in suits
to enforce the lien, the owner shall be liable to the plaintiff for no more
than the pro rata share that such person would be entitled to with other
sub-contractors out of the funds due to the contractor from the owner or one knowingly permitted by the owner to contract for such improvements and the contractor, except as hereinbefore provided for laborers and
materialmen, and such action shall be maintained against the owner
only in case the plaintiff establishes a right to the lien. All suits and
actions by sub-contractors shall be against both contractor and owner
jointly, and no judgment shall be rendered therein until both are
duly brought before the court by process or publication, and
such process may be served and publication made as to all persons except
the owners as in other civil actions. All such judgments, where the lien is
established shall be against both jointly, but shall be enforced against
the owner only to the extent that he is liable under his contract as by
this Act provided, and shall recite the date from which the lien thereof
attached according to the provisions of Sections 1 to 20 of this Act; but
this shall not preclude a judgment against the contractor, personally,
where the lien is defeated.
(Source: P.A. 94-627, eff. 1-1-06.)
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