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| Public Act 096-0654 |
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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 | ||||
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 | ||||
overcharges; multiple buildings or lots.
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(a) No contractor shall be allowed to enforce such lien | ||||
against
or to the prejudice of any other creditor or | ||||
incumbrancer or purchaser,
unless within 4 months after | ||||
completion, or if extra or additional
work is done or labor, | ||||
services, material, fixtures, apparatus or machinery, forms or | ||||
form work is delivered therefor within 4 months after
the | ||||
completion of such extra or additional work or the final | ||||
delivery of
such extra or additional labor, services, material, | ||||
fixtures, apparatus or machinery, forms or form work, he or she | ||||
shall either bring an action to enforce
his or her lien | ||||
therefor or shall file in the office of the recorder
of the | ||||
county in which the building, erection or other improvement to | ||||
be
charged with the lien is situated, a claim for lien, | ||||
verified by the
affidavit of himself or herself, or his or her | ||||
agent or employee, which
shall consist of a
brief statement of | ||||
the claimant's contract, the balance due after allowing all
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credits, and a sufficiently correct description of the lot, | ||
lots or
tracts of land to identify the same. Such claim for | ||
lien may be filed at
any time after the claimant's contract is | ||
made, and as to the owner may be filed at
any time after the | ||
contract is made and within 2 years after the
completion of the | ||
contract, or the completion of any extra work or the
furnishing | ||
of any extra labor, services, material, fixtures, apparatus or | ||
machinery, forms or form work thereunder, and as to such owner | ||
may be
amended at any time before the final judgment. No such | ||
lien shall be
defeated to the proper amount thereof because of | ||
an error or
overcharging on the part of any person claiming a | ||
lien therefor under
this Act, unless it shall be shown that | ||
such error or overcharge is made
with intent to defraud; nor | ||
shall any such lien for material be defeated
because of lack of | ||
proof that the material after the delivery thereof,
actually | ||
entered into the construction of such building or improvement,
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although it be shown that such material was not actually used | ||
in the
construction of such building or improvement; provided, | ||
that it is shown that
such material was delivered either to the | ||
owner or his or her agent for that
building or improvement, to | ||
be used in that building or improvement, or
at the place where | ||
said building or improvement was being constructed,
for the | ||
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 | ||
assisting
in the erection of the building or improvement in | ||
what is commonly
termed forms or form work where concrete, | ||
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 | ||
under contract between the same parties, it shall be
sufficient | ||
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 | ||
any one
or all of such buildings, or delivered to the owner or | ||
his or her agent for
such buildings, to be used therein; and | ||
such lien for such material
shall attach to all of said | ||
buildings, together with the land upon which
the same are being | ||
constructed, the same as in a single building or
improvement. | ||
In the event the contract
relates to 2 or more buildings on 2 | ||
or more lots or tracts of land,
then all of these buildings and | ||
lots or tracts of land may be included in
one statement of | ||
claims for a lien.
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(c) A statement that a party is a subcontractor shall not | ||
constitute an admission by the lien claimant that its status is | ||
that of subcontractor if it is later determined that the party | ||
with whom the lien claimant contracted was the owner or an | ||
agent of the owner.
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(d) A contractor for improvements of an owner-occupied | ||
single-family residence must give the owner written notice | ||
within 10 days after recording a lien against any property of | ||
the owner. The notice is served when it is sent or personally | ||
delivered. If timely notice is not given and, as a result, the | ||
owner has suffered damages before notice is given, the lien is | ||
extinguished to the extent of the damages. The mere recording | ||
of the lien claim is not considered damages. This subsection | ||
does not apply to subcontractors, and it applies only to | ||
contracts entered into after the effective date of this | ||
amendatory Act of the 96th General Assembly. | ||
(Source: P.A. 94-627, eff. 1-1-06.)
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