Mechanics Lien Act
The Mechanics Lien Act can be found at 770 ILCS 60 of the Illinois Compiled Statutes. The act is intended to protect contractors who have made improvements to a lot or tract of land in the event the owner fails to pay for the improvements.
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Who is Covered
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Anyone who contracts with the owner or the agent of an owner to make improvements to a lot or tract of land is considered a contractor under the Mechanics Lien Act. Subcontractors that have furnished materials, labor, services, fixtures or machinery are also covered under the act.
Purpose
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The purpose of the act is to provide a mechanism for contractors or subcontractors to assure payment for the work they performed for a land owner. In the event the owner of the property does not pay the amount due, the contractor has an automatic lien against the property that can be used to compel payment of the money due.
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Notice Requirements
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The contractor is required under the act to furnish to the owner a list, made under oath or by affidavit, of all parties that have furnished materials, services, fixtures, machinery or labor during the project. The owner of the property also has a duty to ask for the list before they make payment to the contractor.
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