770 ILCS 60/1
Contractor defined; amount of lien; waiver of lien; attachment of lien; agreement to waive; when not enforceable
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(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 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, registered interior designer, 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 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, registered interior designer, 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, or an agreement to subordinate the lien, 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, nor does it prohibit an agreement to subordinate a mechanics lien to a mortgage lien that secures a construction loan if that agreement is made after more than 50% of the loan has been disbursed to fund improvements to the property.
(Source: P.A. 100-920, eff. 8-17-18.)
Notes of Decisions
Cited in 99
cases (13 in the last 5 years), 1993–2025 · leading case: Cordeck Sales, Inc. v. Construction Systems, Inc.
Cordeck Sales, Inc. v. Construction Systems, Inc. (2008)
“JUSTICE GREIMAN delivered the opinion of the court: Five subcontractors and one construction manager (collectively appellees) filed claims seeking foreclosure of their mechanic’s liens pursuant to the Mechanics Lien Act (770 ILCS 60/1 et seq. (West 2006)). First Midwest Bank…”
LaSalle Bank National Ass'n v. Cypress Creek 1, LP (2011)
“Mortgages § 50 (2003)) by affording lienholders partial priority over pre-existing mortgages when the proceeds of a foreclosure sale are insufficient to satisfy all claims: "No incumbrance upon land, created before or after the making of the contract under the provisions of this…”
Matanky Realty Group, Inc. v. Katris (2006)
“The Mechanics Lien Act (Act) (770 ILCS 60/1 (West 2004)) provides a method of recovery where a landowner received beneficial improvements to his property or his property value was increased because of a contractor’s labor and materials.”
Leveyfilm, Inc. v. Cosmopolitan Bank & Trust (1995)
“Count I sought to foreclose a mechanic's lien under the Illinois Mechanic's Lien Act (770 ILCS 60/1 (West Supp.1993).) Count II requested the imposition of an equitable lien.”
Hayes Mechanical, Inc. v. First Industrial, L.P. (2004)
“The contractor is also arguing the circuit court erroneously determined that the contractor’s only avenue of relief was statutory — the Mechanics Lien Act (770 ILCS 60/1 et seq. (West 2000)). The record discloses the following relevant facts.”
Weather-Tite, Inc. v. University of St. Francis (2009)
“OPINION In this appeal, we address whether an owner has a duty to retain funds due a subcontractor as shown on the general contractor’s sworn statement pursuant to section 5 of the Mechanics Lien Act (770 ILCS 60/1 et seq. (West 2004)). The trial court entered judgment in favor…”
Construx of Illinois, Inc. v. Kaiserman (2003)
“The Kaisermans appeal, arguing that (1) the trial court erred by determining that they as sellers under the installment sale contract, were “owners” under section 1 of the Mechanics Lien Act (Act), as opposed to lienholders under section 16 of the Act (770 ILCS 60/1, 16 (West…”
Contract Development Corp. v. Beck (1994)
“CDC filed two liens against the property under the Mechanics Lien Act (770 ILCS 60/1 et seq. (West 1992)). CDC subsequently filed a complaint against the Becks in three counts.”
First Bank of Roscoe v. Rinaldi (1994)
“” The questions raised on the pleadings are whether the trial court erred (1) in finding that Lannon’s services are not recognized as lienable under the Mechanics Lien Act (Act) (770 ILCS 60/1 et seq. (West 1992)), (2) in granting the Bank’s motion to dismiss its complaint…”
Fandel v. Allen (2010)
“Specifically, section 1(a) states in pertinent part: "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…”
Parkway Bank and Trust Co. v. Meseljevic (2010)
“untimely response to Parkway’s motion for judgment, denying Beta’s motion for approval of the late filing and excluding Beta from oral argument for its failure to strictly comply with the court’s briefing schedule; and (2) erred in granting Parkway’s motion for judgment on the…”
Stafford -Smith, Inc. v. Intercontinental River East, LLC (2007)
“On appeal, Stafford-Smith contends that the trial court erred in dismissing its complaint against IRE because IRE is an “owner” and not a “purchaser” of the premises in question within the meaning of section 7 of the Mechanics Lien Act (770 ILCS 60/1 et seq. (West 2006)) (the…”
— 770 ILCS 60/1(a) — 16 cases
Fandel v. Allen (2010)
“Specifically, section 1(a) states in pertinent part: "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…”
— 770 ILCS 60/1(b) — 4 cases
— 770 ILCS 60/1(d) — 3 cases
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