ILCS » Chapter 770 · Act 60

770 ILCS 60/4

When the owner of the land shall fail to pay the contractor moneys justly due him under the contract at the time when the same should be paid, or fails to perform his part of the contract in any other manner, the contractor may discontinue work, and the contractor shall not be held liable for any delay on his part during the period of, or caused by, such breach of contract on the part of the owner; and if after such breach for the period of ten days the owner shall fail to comply with his contract, the contractor may abandon the work, and in such a case the contractor shall be entitled to enforce his lien for the value of what has been done, and the court shall adjust his claim and allow him a lien accordingly

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(770 ILCS 60/4) (from Ch. 82, par. 4)
    Sec. 4. When the owner of the land shall fail to pay the contractor moneys justly due him under the contract at the time when the same should be paid, or fails to perform his part of the contract in any other manner, the contractor may discontinue work, and the contractor shall not be held liable for any delay on his part during the period of, or caused by, such breach of contract on the part of the owner; and if after such breach for the period of ten days the owner shall fail to comply with his contract, the contractor may abandon the work, and in such a case the contractor shall be entitled to enforce his lien for the value of what has been done, and the court shall adjust his claim and allow him a lien accordingly. In such cases all persons furnishing material which has not been incorporated in the improvement shall have the right to take possession of and remove the same if he so elects.
(Source: Laws 1903, p. 230.)

    
Notes of Decisions
Cited in 3 cases, 1999–2011 · leading case: LaSalle Bank National Ass'n v. Cypress Creek 1, LP
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LaSalle Bank National Ass'n v. Cypress Creek 1, LP (2011) ill · cites it 2× “While the court might not see a meaningful distinction between owners and incumbrancers, the General Assembly does because the Act distinguishes between owners (770 ILCS 60/4, 27 (West 2006)), incumbrancers (mortgagees) (770 ILCS 60/16 (West 2006)), contractors (770 ILCS 60/1…”
Fieldcrest Builders, Inc. v. Antonucci (1999) illappct · cites it 2× “2d 1177 (and cases cited therein); 770 ILCS 60/4 (West 1994). In the present case, however, the trial court found that Fieldcrest, not the owner, breached the contract.”
LaSalle Bank National Association v. Cypress Creek 1 (2011) ill “While the court might not see a meaningful distinction between owners and incumbrancers, the General Assembly does because the Act distinguishes between owners (770 ILCS 60/4, 27 (West 2006)), incumbrancers (mortgagees) (770 ILCS 60/16 (West 2006)), contractors (770 ILCS 60/1…”
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