Illinois Compiled Statutes
770 ILCS 60/22 (2026)
Partners or joint contractors; sub-letting of contract; statement by sub-contractor; failure to provide; penalty
✓ current as of May 2026
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(770 ILCS 60/22)
(from Ch. 82, par. 22)
Sec. 22. Partners or joint contractors; sub-letting of contract; statement by sub-contractor; failure to provide; penalty.
Whenever, after a contract has been made, the contractor shall
associate one or more persons as partners or joint contractors, in carrying
out the same, or any part thereof, the lien for labor, services, material, fixtures, apparatus or machinery, forms or form work
furnished by a sub-contractor to such contractor and his partners or
associates, as originally agreed upon, shall continue the same as if the
sub-contract had been made with all of said partners. When the contractor
shall sub-let his contract or a specific portion thereof to a
sub-contractor, the party furnishing labor, services, material, fixtures, apparatus or machinery, forms or form work for
such sub-contractor shall have a lien therefor; and may enforce his lien in
the same manner as is herein provided for the enforcement of liens by
sub-contractors. Any sub-contractor shall, as often as requested in writing
by the owner, or contractor, or the agent of either, make out and give to
such owner, contractor or agent, a statement of the persons furnishing labor, services, material, fixtures, apparatus or machinery, forms or form work, giving their names and how much, if anything, is due or
to become due to each of them, and which statement shall be made under oath
if required. If any sub-contractor shall fail to furnish such statement
within 5 days after such demand, he shall forfeit to such owner or
contractor the sum of $50 for every offense, which may be recovered in a
civil action and shall have no right of action against either owner or
contractor until he shall furnish such statement, and the lien of such
sub-contractor shall be subject to the liens of all other creditors.
(Source: P.A. 94-627, eff. 1-1-06.)
Notes of Decisions
Cited in 6
cases, 1994–2019 · leading case: Gabriel Builders v. Westchester Condo. Ass'n, 645 N.E.2d 453 (Ill. App. Ct. 1994).
Gabriel Builders v. Westchester Condo. Ass'n, 645 N.E.2d 453 (Ill. App. Ct. 1994). “22 (now 770 ILCS 60/22 (West 1992)) (a subcontractor has no right of action against an owner or contractor unless he has furnished the owner or contractor with a written statement of the people furnishing materials)).”
Onsite Eng'g & Mgmt., Inc. v. Illinois Tool Works, Inc., 744 N.E.2d 928 (Ill. App. Ct. 2001). “” 770 ILCS 60/22 (West 1996). Onsite argues that Smith sublet the labor portion of its contract with QST to Onsite and it is thus entitled to a lien.”
GX Chicago, LLC v. Galaxy Env't, Inc., 2015 IL App (1st) 133624 (Ill. App. Ct. 2015). “” 770 ILCS 60/22 (West 2012). ¶ 40 Section 24 provides that subcontractors may “at any time after making his or her contract with the contractor” send to the owner a written notice of their claim and amounts due.”
BX Chicago, LLC v. Galaxy Env't, Inc., 2015 IL App (1st) 133624 (Ill. App. Ct. 2015). “" 770 ILCS 60/22 (West 2012). ¶ 40 Section 24 provides that subcontractors may "at any time after making his or her contract with the contractor" send to the owner a written notice of their claim and amounts due.”
Advanced Resource Solutions, LLC v. Stava Bldg. Corp., 2019 OK CIV APP 28 (Okla. Civ. App. 2019). “"When the contractor shall sub-let his contract or a specific portion thereof to a sub-contractor, the party furnishing material to or performing labor for such sub-contractor shall have a lien therefor; and may enforce his lien in the same manner as is herein provided for the…”
Onsite Eng'g & Mgmt., Inc. v. Illinois Tool Works, Inc. (Ill. App. Ct. 2001). “" 770 ILCS 60/22 (West 1996). Onsite argues that Smith sub-let the labor portion of its contract with QST to Onsite and it is thus entitled to a lien.”
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