Illinois Compiled Statutes
770 ILCS 60/3 (2026)
Labor, services, material, fixtures, apparatus or machinery, forms or form work furnished for lands of married person; lands held by husband and wife
✓ current as of May 2026
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(770 ILCS 60/3)
(from Ch. 82, par. 3)
Sec. 3. Labor, services, material, fixtures, apparatus or machinery, forms or form work furnished for lands of married person; lands held by husband and wife.
If any such labor, services, material, fixtures, apparatus or machinery, forms or form work are performed upon lands belonging to any married person, with the married
person's knowledge and not against the married person's protest in writing,
as provided in Section 1 of this Act, in pursuance of a contract with the
spouse of such married person, the person furnishing such labor, services, material, fixtures, apparatus or machinery, forms or form work shall have a lien upon such property, the same as if such
contract had been made with the married person, and in case the title to
such lands upon which improvements are made is held by married persons
jointly, the lien given by this Act shall attach to such lands and
improvements, if the improvements be made in pursuance of a contract with
both of them, or in pursuance of a contract with either of them, and in
such cases no claim of homestead right set up by a husband or wife shall
defeat the lien given by this Act. For purposes of this Section, property shall be deemed to be held jointly if title is held by the parties either in tenancy by the entirety or jointly, with right of survivorship and not as tenants in common.
(Source: P.A. 94-627, eff. 1-1-06.)
Notes of Decisions
Cited in 3
cases, 2008–2010 · leading case: Fleissner v. Fitzgerald, 937 N.E.2d 1152 (Ill. App. Ct. 2010).
Fleissner v. Fitzgerald, 937 N.E.2d 1152 (Ill. App. Ct. 2010). “Plaintiff performed the work between May 18, 2006, and March 1, 2007, within the scope of the oral contract and within the scope of section 3 of the Mechanics Lien Act (770 ILCS 60/3 (West 2008)). Plaintiff billed defendants a total of $183,122.”
In Re Cramer, 393 B.R. 611 (Bankr. N.D. Ill. 2008). “Chain O’Lakes points to a 2006 amendment to section 3 of the Illinois Mechanics Lien Act providing in part that “no claim of homestead right .”
Fleissner v. Fitzgerald (Ill. App. Ct. 2010). “Plaintiff performed the work between May 18, 2006, and March 1, 2007, within the scope of the oral contract and within the scope of section 3 of the Mechanics Lien Act (770 ILCS 60/3 (West 2008)). Plaintiff billed defendants a total of $183,122.”
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