ILCS » Chapter 770 · Act 60
Illinois Compiled Statutes

770 ILCS 60/32 (2026)

Payments to contractor by owner

✓ current as of May 2026
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(770 ILCS 60/32) (from Ch. 82, par. 32)
    Sec. 32. Payments to contractor by owner. No payments to the contractor or to his order of any money or other considerations due or to become due to the contractor shall be regarded as rightfully made, as against the sub-contractor, laborer, or party furnishing labor, services, material, fixtures, apparatus or machinery, forms or form work if made by the owner without exercising and enforcing the rights and powers conferred upon him in Sections 5, 21 and 22 of this Act.
(Source: P.A. 94-627, eff. 1-1-06.)

    
Notes of Decisions
Cited in 6 cases, 1996–2013 · leading case: Weather-Tite, Inc. v. Univ. of St. Francis, 909 N.E.2d 830 (Ill. 2009).
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Weather-Tite, Inc. v. Univ. of St. Francis, 909 N.E.2d 830 (Ill. 2009). “” 770 ILCS 60/32 (West 2004). Reading the Act as a whole, the purpose of the contractor’s sworn statement is to put the owner on notice of subcontractor claims and to create a duty upon the owner to protect the claims of the subcontractors named in the contractor’s sworn…”
All. Steel, Inc. v. Piercy, 660 N.E.2d 1341 (Ill. App. Ct. 1996). · cites it 3× “The Act provides that the owner shall not be required to pay a greater amount than the contract price "unless payment be made to the contractor * * * in violation of the rights and interests of the persons intended to be benefited by this act.”
Nw. Millwork Co. v. Komperda, 788 N.E.2d 399 (Ill. App. Ct. 2003). “770 ILCS 60/32 (West 2000); Malesa, 187 Ill.”
Crawford Supply Co. v. Schwartz, 919 N.E.2d 5 (Ill. App. Ct. 2009). “Reading the Act as a whole, the supreme court found that the purpose of the contractor’s sworn statement is to place the owner on notice of subcontractor claims and to create a duty upon the owner to protect the claims of the subcontractors named in the contractor’s sworn…”
Gerdau Ameristeel US, Inc. v. Broeren Russo Constr., Inc., 2013 IL App (4th) 120547 (Ill. App. Ct. 2013). “Section 32 of the Act ¶ 37 Section 32 of the Act (770 ILCS 60/32 (West 2008)) provides, in part, as follows: “No payments to the contractor *** of any money *** due or to become due to the contractor shall be regarded as rightfully made, as against the sub-contractor, *** if…”
Nw. Millwork Co. v. Komperda, 338 Ill. App. 3d 997 (Ill. App. Ct. 2003). “770 ILCS 60/32 (West 2000); Malesa, 187 Ill.”
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