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IL SB3023
Bill
AI Summary
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Prohibits agreements to waive or subordinate mechanics liens when made in anticipation of or as consideration for awarding a contract, as such agreements are against public policy and unenforceable.
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Creates an exception allowing subordination of a mechanics lien to a mortgage lien securing a construction loan if the agreement is made after more than 50% of the loan has been disbursed to fund property improvements.
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Clarifies that lien waiver provisions in contracts between contractors and subcontractors are binding only if the provision is not otherwise prohibited by the Mechanics Lien Act.
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Maintains existing protections for subcontractors and material suppliers, including notification requirements to owner-occupants of single-family residences within 60 days of commencing work.
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Retains the rule that payment conditions from other parties cannot be used as a defense against lien claims brought by subcontractors or suppliers.
Legislative Description
MECHANICS LIENS-SUBORDINATION
Last Action
Public Act . . . . . . . . . 98-0764
7/16/2014