Illinois Appellate Court
Civil Court
Mechanic's Liens
Plaintiff bank filed foreclosure action as to construction mortgage and sale of underlying real estate (40-unit commercial condominium project). Electrical subcontractor filed counterclaim asserting priority of its mechanic's lien. Court did not err in denying motion to approve late filing of brief in response to motion for judgment on the pleadings, and in denying party participation in oral argument, as no reason for lateness was provided, and motion was unsupported by affidavit. Electrical work was done by subcontractor, rather than by contractor, as it contracted with and performed work for a contractor rather than for the property owner; thus, it was required to provide notice of its lien to the known mortage lender. Subcontractor's lien was invalid as to that lender as it failed to provide it with notice as required by Section 24 of Mechanics Lien Act. (CUNNINGHAM and CONNORS, concurring.)