Butler & McCracken v. Gain

Citations

• 128 Ill. 23
• 21 N.E. 350

Syllabus

<p>1. Mechanic’s lien—strict construction. The statute giving a mechanic, material-man or sub-contractor a lien on the premises of the owner of a building erected or repaired, is in derogation of the common law, and is to be strictly construed. Therefore, a party seeking a lien under its provisions must show a clear compliance with all the requirements of the statute.</p> <p>2. Same—rights of sub-contractor, material-man, etc.—notice to the owner. The statute does not give to a sub-.contractor, mechanic, or person furnishing material to the original contractor, a lien absolutely, without notice to the owner o’f the rights of such sub-contractor, mechanic or material-man. The statute requires such persons claiming a lien, to give the owner notice thereof, when he has not received the .same from the contractor.</p> <p>3. This notice is required to be served on the owner within forty days from the completion of the sub-contract, or within the same period after payment should have been made to the sub-contractor, etc.</p> <p>Í. If the contractor furnishes the owner with a sworn statement, setting forth the names of all persons entitled to be protected, with the sums due or to become due them, then all the purpose intended by the notice in section 30 is accomplished, and the sub-contractor or material-man will not be required to serve the notice provided for in the latter section.</p> <p>5. If the owner of a building has notice of the rights and interests of sub-contractors and material-men, either under section 30 or 31, or from the sworn statement of the original contractor, and pays the original contractor, without retaining a sum sufficient to satisfy the claims of the sub-contractors, etc., such payment will be in violation of the rights of sub-contractors, etc. If the owner is not so served within forty days, he may lawfully pay off his contractor without liability to any other lienholder.</p>