Matteo Construction Co. v. Teckler Blvd Development Site, LLC

Illinois Appellate Court
Civil Court
Mechanics Lien
Citation
Case Number: 
2020 IL App (2d) 190766
Decision Date: 
Monday, August 3, 2020
District: 
2d Dist.
Division/County: 
McHenry Co.
Holding: 
Reversed and remanded.
Justice: 
BRENNAN

Court erred in determining that Mechanics Lien Act required, for perfection of Plaintiff's lien, that Plaintiff wait 10 days after sending notice of its claim of lien before recording the claim. Plaintiff complied with section 28 of the Act by filing suit to enforce its lien after 10 days had expired, from the time it served notice of its claim of lien. Section 28 of the Act allowed Plaintiff, 10 days after notice, to either file its claim of lien or file suit to enforce the lien. Section 24 of the Act does not mandate a specific form for the notice. Plaintiff's notice met the requirements of section 24, as it provided the parties' names, property description, work performed, and amount due, and served it on owner by certified mail, and was thus valid. (JORGENSEN and BRIDGES, concurring.)