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IL HB2615

Bill

Status

Failed

1/8/2019

Primary Sponsor

Margo McDermed

Click for details

Origin

House of Representatives

100th General Assembly

AI Summary

  • Amends the Mechanics Lien Act by adding Section 5.1 to regulate waivers and releases of lien rights in construction projects.

  • Prohibits owners, contractors, and subcontractors from waiving or impairing other claimants' lien rights through contract unless the claimant executes a written waiver in the statutory form and receives payment.

  • Establishes two statutory waiver forms: a conditional waiver (effective only upon receipt of payment) and an unconditional waiver (asserting payment has been received), each with specific required language and exceptions.

  • Requires payment evidence for conditional releases, which can be demonstrated either by claimant endorsement on a paid check or written acknowledgment of payment.

  • Permits claimants to reduce or release stop payment notices in writing without using the statutory form, and preserves enforceability of settlement agreements and accords and satisfactions that specifically reference the lien or claim.

Legislative Description

MECHANICS LIENS-WAIVER

Last Action

Session Sine Die

1/8/2019

Committee Referrals

Rules3/31/2017
Commercial Law2/24/2017
Judiciary - Civil2/22/2017
Rules2/8/2017

Full Bill Text

No bill text available