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Session Laws, 1972
Volume 708, Page 1063   View pdf image
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Marvin Mandel, Governor                       1063

and in case any lien be laid by the party giving such notice and
be also laid by the contractor or builder, the said contractor or
builder shall receive only the difference between the amount due him
and that due the person giving the notice.

9-105. Filing of Claims.

(a)    General rule.

Each person entitled to such lien shall file a claim or statement of
his demand in the office of the clerk of the circuit court for the county,
and such claim or statement shall be redelivered by the clerk to the
party filing the same after it has been recorded. The clerks of
each circuit court shall keep a docket or book to be called "The
Mechanics' Lien Docket," in which he shall record all designations
or descriptions of lots or pieces of ground and all claims which
may be filed by virtue of this article together with the day of filing
the same and shall cause the names of the owner of the lot of
ground and of the contractor, architect or builder, if such be named,
and of the person claiming the lien under this law to be recorded
therein. Said docket or book shall contain an index in which shall
appear a reference to every lien so recorded, or the clerk at his
discretion shall maintain a separate index of the liens so recorded.

(b)    Contents of claim.

Every such claim shall set forth: First, the name of the party
claimant and of the owner or reputed owner of the building, and also
of the contractor or architect, or builder, when the contract was made
by the claimant with such contractor, architect or builder; second,
the amount or sum claimed to be due and the nature or kind of work
or the kind and amount of materials furnished and the time when
the materials were furnished or the work done; thirdly, the locality
of the building and the number and size of the stories of the same,
or such other matters of description as may be necessary to identify
the same.

(c)    Claim against two or more buildings.

In every case in which one claim for materials shall be filed by the
person preferring the same against two or more buildings owned by
the same person, the person filing such joint claim shall at the same
time designate the amount he claims to be due him on each of said
buildings, otherwise such claim shall be postponed to other lien
creditors; and the lien of such claimant shall not extend beyond the
amount so designated as against other creditors having liens by judg-
ment, mortgage or otherwise.

(d)    Time within which claim must be filed to preserve lien.

Every such debt shall be a lien until after the expiration of six
months after the work has been finished or the materials furnished,
although no claim has been filed therefor, but no longer, unless a
claim shall be filed at or before the expiration of that period.

9-106. Suit to enforce lien; expiration of lien.

The lien of every such debt for which a claim may have been filed
according to the provisions of this article shall expire at the end of
two years from the day on which it was filed, during which time the


 

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Session Laws, 1972
Volume 708, Page 1063   View pdf image
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