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IL SB3023

Bill

Status

Passed

7/16/2014

Primary Sponsor

John Mulroe

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Origin

Senate

98th General Assembly

AI Summary

  • 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.

  • 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.

  • 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.

  • Maintains existing protections for subcontractors and material suppliers, including notification requirements to owner-occupants of single-family residences within 60 days of commencing work.

  • 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

Committee Referrals

Judiciary4/28/2014
Rules4/10/2014
Judiciary2/19/2014
Assignments2/7/2014

Full Bill Text

No bill text available