Bill Text: IL HB0236 | 2009-2010 | 96th General Assembly | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Mechanics Lien Act. Requires that a contractor for improvements of an owner-occupied single-family residence give the owner written notice before filing a lien against any property of the owner. Effective immediately.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Passed) 2009-08-25 - Public Act . . . . . . . . . 96-0654 [HB0236 Detail]

Download: Illinois-2009-HB0236-Engrossed.html

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AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Mechanics Lien Act is amended by changing
Section 1 as follows:
(770 ILCS 60/1) (from Ch. 82, par. 1)
Sec. 1. Contractor defined; amount of lien; waiver of lien;
attachment of lien; agreement to waive; when not enforceable.
(a) Any person who shall by any contract or contracts,
express or implied, or partly expressed or implied, with the
owner of a lot or tract of land, or with one whom the owner has
authorized or knowingly permitted to 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,
is known under this Act as a contractor and has a lien upon the
whole of such lot or tract of land and upon adjoining or
adjacent lots or tracts of land of such owner constituting the
same premises and occupied or used in connection with such lot
or tract of land as a place of residence or business; and in
case the contract relates to 2 or more buildings, on 2 or more
lots or tracts of land, upon all such lots and tracts of land
and improvements thereon for the amount due to him or her for
the material, fixtures, apparatus, machinery, services or

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labor, and interest at the rate of 10% per annum from the date
the same is due. This lien extends to an estate in fee, for
life, for years, or any other estate or any right of redemption
or other interest that the owner may have in the lot or tract
of land at the time of making such contract or may subsequently
acquire and this lien attaches as of the date of the contract.
(b) As used in subsection (a) of this Section, "improve"
means to furnish labor, services, material, fixtures,
apparatus or machinery, forms or form work in the process of
construction where cement, concrete or like material is used
for the purpose of or in the building, altering, repairing or
ornamenting any house or other building, walk or sidewalk,
whether the walk or sidewalk is on the land or bordering
thereon, driveway, fence or improvement or appurtenances to the
lot or tract of land or connected therewith, and upon, over or
under a sidewalk, street or alley adjoining; or fill, sod or
excavate such lot or tract of land, or do landscape work
thereon or therefor; or raise or lower any house thereon or
remove any house thereto, or remove any house or other
structure therefrom, or perform any services or incur any
expense as an architect, structural engineer, professional
engineer, land surveyor or property manager in, for or on a lot
or tract of land for any such purpose; or drill any water well
thereon; or furnish or perform labor or services as
superintendent, time keeper, mechanic, laborer or otherwise,
in the building, altering, repairing or ornamenting of the

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same; or furnish material, fixtures, apparatus, machinery,
labor or services, forms or form work used in the process of
construction where concrete, cement or like material is used,
or drill any water well on the order of his agent, architect,
structural engineer or superintendent having charge of the
improvements, building, altering, repairing or ornamenting the
same.
(c) The taking of additional security by the contractor or
sub-contractor is not a waiver of any right of lien which he
may have by virtue of this Act, unless made a waiver by express
agreement of the parties and the waiver is not prohibited by
this Act.
(d) An agreement to waive any right to enforce or claim any
lien under this Act where the agreement is in anticipation of
and in consideration for the awarding of a contract or
subcontract, either express or implied, to perform work or
supply materials for an improvement upon real property is
against public policy and unenforceable. This Section does not
prohibit release of lien under subsection (b) of Section 35 of
this Act or prohibit subordination of the lien, except as
provided in Section 21.
(e) A contractor for improvements of an owner-occupied
single-family residence must give the owner written notice by
certified mail within 10 days after recording a lien against
any property of the owner.
(Source: P.A. 94-627, eff. 1-1-06.)

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Section 99. Effective date. This Act takes effect upon