770 ILCS 60/17
Costs
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(770 ILCS 60/17)
(from Ch. 82, par. 17)
Sec. 17.
Costs.
(a) The costs of proceedings as between all parties to the suit shall
be taxed equitably against the losing party, and where taxed against more
than one party, shall be so taxed against all in favor of the proper party
but equitably as between themselves; and the costs, as between creditors
aforesaid in contests relative to each other's claims, shall be subject to
the order of the court, and the same rule shall prevail in respect to costs
growing out of the proceedings against and between incumbrances.
(b) If the court specifically finds that the owner who contracted to have
the improvements made failed to pay any lien claimant the full contract price,
including extras, without just cause or right, the court may tax that owner,
but not any other party, the reasonable attorney's fees of the lien claimant
who had perfected and proven his or her claim.
(c) If the court specifically finds that a lien claimant has brought an
action under this Act without just cause or right, the court may tax the
claimant the reasonable attorney's fees of the owner who contracted to have the
improvements made and defended the action, but not those of any other party.
(d) "Without just cause or right", as used in this Section, means a claim
asserted by a lien claimant or a defense asserted by the owner who contracted
to have the improvements made, which is not well grounded in fact and warranted
by existing law or a good faith argument for the extension, modification, or
reversal
of existing law.
(e) This amendatory Act of 1995 applies to any mechanics lien claim that is
perfected on or after the effective date of this amendatory Act of 1995.
(Source: P.A. 89-253, eff. 8-8-95.)
Notes of Decisions
Cited in 28
cases (5 in the last 5 years), 1998–2026 · leading case: Father & Sons Home Improvement II, Inc. v. Stuart
Father & Sons Home Improvement II, Inc. v. Stuart (2016)
“Attorney Fees Under Section 17 of the Mechanic’s Lien Act ¶ 45 In addition to granting summary judgment to both defendants, the circuit court awarded the Stuarts $13,675 in attorney fees pursuant to section 17 of the Mechanic’s Lien Act (770 ILCS 60/17 (West 2008)). The circuit…”
Fieldcrest Builders, Inc. v. Antonucci (1999)
“On cross-appeal, Fieldcrest asserts that the trial court erred in denying its claim for a mechanic's lien, failing to award attorney fees under section 17 of the Illinois Mechanic's Lien Act (Act) (770 ILCS 60/17 (West 1994)), and denying its motion for reconsideration for leave…”
Roberts v. Adkins (2010)
“Roberts then filed a complaint to foreclose on his mechanic’s lien and sought attorney fees pursuant to the Lien Act (770 ILCS 60/17(b) (West 2006)). Adkins filed a counterclaim, alleging that Roberts (1) breached his oral agreement by causing damage to their deck, and (2)…”
Bale v. Barnhart (2003)
“770 ILCS 60/17 (West 2002). II. ANALYSIS A.”
Sloan Electric v. Professional Realty & Development Corp. (2004)
“(West 2000)) because the Act allows the award of attorney fees and costs (770 ILCS 60/17 (West 2000)). A few days before the scheduled arbitration hearing, the arbitrator, a former judge, contacted the parties and said that an opportunity had arisen for him to return to the…”
Mirar Development, Inc. v. Kroner (1999)
“The question before this court is: Was the circuit court’s denial of attorney fees in error because: (1) attorney fees may be granted under the Illinois Mechanics Lien Act (Act) (770 ILCS 60/17 (West 1996)), as amended; (2) attorney fees may be granted under the construction…”
Central Illinois Electrical Services, L.L.C. v. Slepian (2005)
“” 770 ILCS 60/17(b) (West 2002). “Without just cause or right” is defined in the Lien Act as “a claim asserted by a lien claimant or a defense asserted by the owner who contracted to have the improvements made, which is not well grounded in fact and warranted by existing law.”
Village of Franklin Park v. Aragon Management, Inc. (1998)
“" 770 ILCS 60/17 (West 1996). Awards of the "costs of proceedings" under the Mechanics Lien Act help guide awards of the litigation "costs related to the enforcement" of the demolition provisions of the Municipal Code.”
Thomas Hake Enterprises, Inc. v. Betke (1998)
“137) and section 17(c) of the Mechanics Lien Act (770 ILCS 60/17(c) (West 1996)). On appeal, plaintiffs raise the following issues: (1) whether the trial court erred by entering a directed finding in favor of the defendants; (2) whether sanctions in the form of attorney fees and…”
Roy Zenere Trucking & Excavating, Inc. v. Build Tech, Inc. (2016)
“770 ILCS 60/17(b) (West 2008). ¶ 31 I. Defendant’s Appeal ¶ 32 An appellate court will only reverse the trial court’s findings of fact if they are against the manifest weight of the evidence.”
Brown and Kerr, Inc. v. American Stores Properties, Inc. (1999)
“American and Trapani also contend they were entitled to recover their attorney fees pursuant to section 17(c) of the Mechanics Lien Act (770 ILCS 60/17(c) (West 1996)), which provides for an award of fees in cases where the liens were not well grounded in fact or law.”
O'Connor Construction Co. v. Belmont Harbor Home Development, LLC (2009)
“O’Connor subsequently filed a posttrial motion and application for attorney fees plus costs pursuant to section 17 of the Mechanics Lien Act (Act) (770 ILCS 60/17 (West 1996)). The trial court refused to award attorney fees but did award fees and costs for mechanics-lien-related…”
— 770 ILCS 60/17(a) — 3 cases
Village of Franklin Park v. Aragon Management, Inc. (1998)
“" 770 ILCS 60/17 (West 1996). Awards of the "costs of proceedings" under the Mechanics Lien Act help guide awards of the litigation "costs related to the enforcement" of the demolition provisions of the Municipal Code.”
— 770 ILCS 60/17(b) — 8 cases
Roberts v. Adkins (2010)
“Roberts then filed a complaint to foreclose on his mechanic’s lien and sought attorney fees pursuant to the Lien Act (770 ILCS 60/17(b) (West 2006)). Adkins filed a counterclaim, alleging that Roberts (1) breached his oral agreement by causing damage to their deck, and (2)…”
Central Illinois Electrical Services, L.L.C. v. Slepian (2005)
“” 770 ILCS 60/17(b) (West 2002). “Without just cause or right” is defined in the Lien Act as “a claim asserted by a lien claimant or a defense asserted by the owner who contracted to have the improvements made, which is not well grounded in fact and warranted by existing law.”
Roy Zenere Trucking & Excavating, Inc. v. Build Tech, Inc. (2016)
“770 ILCS 60/17(b) (West 2008). ¶ 31 I. Defendant’s Appeal ¶ 32 An appellate court will only reverse the trial court’s findings of fact if they are against the manifest weight of the evidence.”
— 770 ILCS 60/17(c) — 10 cases
Father & Sons Home Improvement II, Inc. v. Stuart (2016)
“Attorney Fees Under Section 17 of the Mechanic’s Lien Act ¶ 45 In addition to granting summary judgment to both defendants, the circuit court awarded the Stuarts $13,675 in attorney fees pursuant to section 17 of the Mechanic’s Lien Act (770 ILCS 60/17 (West 2008)). The circuit…”
Thomas Hake Enterprises, Inc. v. Betke (1998)
“137) and section 17(c) of the Mechanics Lien Act (770 ILCS 60/17(c) (West 1996)). On appeal, plaintiffs raise the following issues: (1) whether the trial court erred by entering a directed finding in favor of the defendants; (2) whether sanctions in the form of attorney fees and…”
Roberts v. Adkins (2010)
“Roberts then filed a complaint to foreclose on his mechanic’s lien and sought attorney fees pursuant to the Lien Act (770 ILCS 60/17(b) (West 2006)). Adkins filed a counterclaim, alleging that Roberts (1) breached his oral agreement by causing damage to their deck, and (2)…”
Brown and Kerr, Inc. v. American Stores Properties, Inc. (1999)
“American and Trapani also contend they were entitled to recover their attorney fees pursuant to section 17(c) of the Mechanics Lien Act (770 ILCS 60/17(c) (West 1996)), which provides for an award of fees in cases where the liens were not well grounded in fact or law.”
— 770 ILCS 60/17(d) — 7 cases
Father & Sons Home Improvement II, Inc. v. Stuart (2016)
“Attorney Fees Under Section 17 of the Mechanic’s Lien Act ¶ 45 In addition to granting summary judgment to both defendants, the circuit court awarded the Stuarts $13,675 in attorney fees pursuant to section 17 of the Mechanic’s Lien Act (770 ILCS 60/17 (West 2008)). The circuit…”
Central Illinois Electrical Services, L.L.C. v. Slepian (2005)
“” 770 ILCS 60/17(b) (West 2002). “Without just cause or right” is defined in the Lien Act as “a claim asserted by a lien claimant or a defense asserted by the owner who contracted to have the improvements made, which is not well grounded in fact and warranted by existing law.”
Roberts v. Adkins (2010)
“Roberts then filed a complaint to foreclose on his mechanic’s lien and sought attorney fees pursuant to the Lien Act (770 ILCS 60/17(b) (West 2006)). Adkins filed a counterclaim, alleging that Roberts (1) breached his oral agreement by causing damage to their deck, and (2)…”
Roy Zenere Trucking & Excavating, Inc. v. Build Tech, Inc. (2016)
“770 ILCS 60/17(b) (West 2008). ¶ 31 I. Defendant’s Appeal ¶ 32 An appellate court will only reverse the trial court’s findings of fact if they are against the manifest weight of the evidence.”
— 770 ILCS 60/17(e) — 2 cases
Brown and Kerr, Inc. v. American Stores Properties, Inc. (1999)
“American and Trapani also contend they were entitled to recover their attorney fees pursuant to section 17(c) of the Mechanics Lien Act (770 ILCS 60/17(c) (West 1996)), which provides for an award of fees in cases where the liens were not well grounded in fact or law.”
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