Shaw v. Chicago Sash, Door & Blind Manufacturing Co.

Citations

• 144 Ill. 520
• 33 N.E. 870

Syllabus

<p>1. Mechanic’s lien —• statute construed—sworn statement by con_ tractor. There is nothing in section 35 of the Lien law, as amended in 1887, which makes it the duty of the owner of a building to require of the contractor the sworn statements therein provided for. But it is made the duty of the contractor, whenever any payment of money becomes due to him, to furnish such statement to the owner, and takes from him the right of action or to a lien against the owner until the statement is made, and it finally, for the protection of the owner, authorizes him, at any time during the progress of the work, to demand such statement of the contractor, and imposes a penalty upon the latter for a failure to furnish it.</p> <p>2. Section 35, as amended, provides that any payment made by the owner before any such statement is made, or without retaining sufficient money, if that amount is due or to become due, to pay the sub-contractors, etc., as shown by the statement, shall be considered as illegal and made in violation of the rights of the persons intended to be benefited by the act, and the rights of such sub-contractors, etc., to a lien shall not be affected thereby. Under this clause, when no statement under oath is made by the contractor, payment by the owner is not made illegal so as to give a lien to sub-contractors, etc., who may thereafter give notice of their claims.</p> <p>3. By section 35 sub-contractors and material-men are given a lien from the time the statement of the contractor is served upon the owner, without being required to give the notice provided by section 30, and all moneys due or to become due to the original contractor are stayed in the owner’s hands for their benefit, but no such advantages are given to sub-contractors or material-men in the absence of a statement by the original contractor, or when their names do not appear on the statement when made.</p> <p>4. The words “ the persons intended to be benefited by this act,” as used in section 35,