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R.W. DUNTEMAN CO. v. C/G ENTERPRISES, INC.

Nos. 81853, 82184.

692 N.E.2d 306 (1998)

181 Ill.2d 153

229 Ill.Dec. 533

R.W. DUNTEMAN COMPANY, Appellee, v. C/G ENTERPRISES, INC., et al. (C/G Enterprises, Inc., et al., Appellants).

Supreme Court of Illinois.

February 20, 1998.

Attorney(s) appearing for the Case

William D. Klink, Chicago, Robert L. Pattullo, Jr., Rock, Fusco, Reynolds, Crowe & Garvey, Ltd., Chicago, for Ziebell Water Service Products.

Bradley B. Falkof, Barnes & Thornburg, Chicago, James A Reiman, Winnetka, for R.W. Dunteman Co.

Chief Justice FREEMAN delivered the opinion of the court:

Section 1.1 of the Mechanics Lien Act (770 ILCS 60/1.1 (West 1992)) provides:

"An agreement to waive any right to enforce or claim any lien under this Act where the agreement is in anticipation of and in consideration for the awarding of a contract or subcontract, either express or implied, to perform work or supply materials for an improvement upon real property is against public policy and unenforceable...

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