Bill Text: IL HB5817 | 2025-2026 | 104th General Assembly | Introduced

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Bill Title: Amends the Mechanics Lien Act. Provides that, before recording a lien against an owner-occupied single-family residence, a contractor must determine whether a senior citizens homestead exemption has been granted under the Property Tax Code for that residence, and if such an exemption has been granted, the contractor must provide the owner with a Senior Citizen Pre-Lien Notice no less than 15 days before recording the lien. Sets forth the information to include in the Senior Citizen Pre-Lien Notice. Allows the owner to, within 15 days after receiving a Senior Citizen Pre-Lien Notice, dispute the lien in writing. Sets forth requirements statements for the contractor's affidavit. Allows the owner to bring an action in the circuit court requesting that a lien be discharged or reduced on the ground that the contractor failed to comply with the provisions or on the ground that the amount of the lien is excessive. Effective immediately.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2026-09-25 - Filed with the Clerk by Rep. Michael Crawford [HB5817 Detail]

Download: Illinois-2025-HB5817-Introduced.html

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104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026HB5817 Introduced , by Rep. Michael Crawford SYNOPSIS AS INTRODUCED:
770 ILCS 60/7 from Ch. 82, par. 7
Amends the Mechanics Lien Act. Provides that, before recording a lien against an owner-occupied single-family residence, a contractor must determine whether a senior citizens homestead exemption has been granted under the Property Tax Code for that residence, and if such an exemption has been granted, the contractor must provide the owner with a Senior Citizen Pre-Lien Notice no less than 15 days before recording the lien. Sets forth the information to include in the Senior Citizen Pre-Lien Notice. Allows the owner to, within 15 days after receiving a Senior Citizen Pre-Lien Notice, dispute the lien in writing. Sets forth requirements statements for the contractor's affidavit. Allows the owner to bring an action in the circuit court requesting that a lien be discharged or reduced on the ground that the contractor failed to comply with the provisions or on the ground that the amount of the lien is excessive. Effective immediately.
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A BILL FOR
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AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Mechanics Lien Act is amended by changing
Section 7 as follows:
(770 ILCS 60/7) (from Ch. 82, par. 7)
Sec. 7. Claim for lien; third parties; errors or
overcharges; multiple buildings or lots.
(a) No contractor shall be allowed to enforce such lien
against or to the prejudice of any other creditor or
incumbrancer or purchaser, unless within 4 months after
completion, or if extra or additional work is done or labor,
services, material, fixtures, apparatus or machinery, forms or
form work is delivered therefor within 4 months after the
completion of such extra or additional work or the final
delivery of such extra or additional labor, services,
material, fixtures, apparatus or machinery, forms or form
work, he or she shall either bring an action to enforce his or
her lien therefor or shall file in the office of the recorder
of the county in which the building, erection or other
improvement to be charged with the lien is situated, a claim
for lien, verified by the affidavit of himself or herself, or
his or her agent or employee, which shall consist of a brief

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statement of the claimant's contract, the balance due after
allowing all credits, and a sufficiently correct description
of the lot, lots or tracts of land to identify the same. Such
claim for lien may be filed at any time after the claimant's
contract is made, and as to the owner may be filed at any time
after the contract is made and within 2 years after the
completion of the contract, or the completion of any extra
work or the furnishing of any extra labor, services, material,
fixtures, apparatus or machinery, forms or form work
thereunder, and as to such owner may be amended at any time
before the final judgment. No such lien shall be defeated to
the proper amount thereof because of an error or overcharging
on the part of any person claiming a lien therefor under this
Act, unless it shall be shown that such error or overcharge is
made with intent to defraud; nor shall any such lien for
material be defeated because of lack of proof that the
material after the delivery thereof, actually entered into the
construction of such building or improvement, although it be
shown that such material was not actually used in the
construction of such building or improvement; provided, that
it is shown that such material was delivered either to the
owner or his or her agent for that building or improvement, to
be used in that building or improvement, or at the place where
said building or improvement was being constructed, for the
purpose of being used in construction or for the purpose of
being employed in the process of construction as a means for

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assisting in the erection of the building or improvement in
what is commonly termed forms or form work where concrete,
cement or like material is used, in whole or in part.
(b) In case of the construction of a number of buildings
under contract between the same parties, it shall be
sufficient in order to establish such lien for material, if it
be shown that such material was in good faith delivered at one
of these buildings for the purpose of being used in the
construction of any one or all of such buildings, or delivered
to the owner or his or her agent for such buildings, to be used
therein; and such lien for such material shall attach to all of
said buildings, together with the land upon which the same are
being constructed, the same as in a single building or
improvement. In the event the contract relates to 2 or more
buildings on 2 or more lots or tracts of land, then all of
these buildings and lots or tracts of land may be included in
one statement of claims for a lien.
(c) A statement that a party is a subcontractor shall not
constitute an admission by the lien claimant that its status
is that of subcontractor if it is later determined that the
party with whom the lien claimant contracted was the owner or
an agent of the owner.
(d) A contractor for improvements of an owner-occupied
single-family residence must give the owner written notice
within 10 days after recording a lien against any property of
the owner. The notice is served when it is sent or personally

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delivered. If timely notice is not given and, as a result, the
owner has suffered damages before notice is given, the lien is
extinguished to the extent of the damages. The mere recording
of the lien claim is not considered damages. This subsection
does not apply to subcontractors, and it applies only to
contracts entered into after the effective date of this
amendatory Act of the 96th General Assembly.
(e) Before recording a lien against an owner-occupied
single-family residence, a contractor must determine whether a
senior citizens homestead exemption has been granted under
Section 15-170 of the Property Tax Code for that residence. If
such an exemption has been granted, the contractor must
provide the owner with a Senior Citizen Pre-Lien Notice no
less than 15 days before recording the lien. The notice is
served when it is sent or personally delivered. The Senior
Citizen Pre-Lien Notice shall include the following
information:
(1) the amount claimed to be owed;
(2) an itemized list of the charges, including labor
and materials, for completed work;
(3) a copy of the written contract and any signed
change orders;
(4) a plain-language explanation that a mechanics lien
may be recorded if the matter is not resolved; and
(5) a statement that the owner has the right to
dispute the claim in writing during the 15-day period.

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The owner may, within 15 days after receiving a Senior
Citizen Pre-Lien Notice, dispute the lien in writing.
When recording the lien, the contractor shall state, as a
part of his or her affidavit:
(i) that he or she gave the owner the required Senior
Citizen Pre-Lien Notice; and
(ii) whether the owner disputed the claim.
The provisions of subsection (d) apply to a lien recorded
under this subsection (e).
The owner may bring an action in the circuit court
requesting that a lien be discharged or reduced on the ground
that the contractor failed to comply with this subsection (e)
or subsection (d) or on the ground that the amount of the lien
is excessive. The court shall hear the matter on an expedited
basis. The court shall grant any appropriate relief, and, if
the court finds that the contractor acted willfully or in bad
faith, the court may award the owner reasonable attorney's
fees and costs.
This subsection (e) applies to contracts entered into on
or after the effective date of this amendatory Act of the 104th
General Assembly.
(Source: P.A. 96-654, eff. 1-1-10.)
Section 99. Effective date. This Act takes effect upon
becoming law.