Krzyminski v. Dziadkowiec

PRESIDING JUSTICE BUCKLEY

delivered the opinion of the court:

This appeal arises from an order of the trial court granting plaintiff-homeowners’ motion for summary judgment. On appeal, the following issue is raised: whether an owner’s demand pursuant to section 34 of the Illinois Mechanics Lien Act (the Act) (770 ILCS 60/34 (West 1996)) to a contractor to file suit to enforce the contractor’s lien within 30 days is effective in causing the contractor’s lien rights to be forfeited if the contractor fails to file a lawsuit as required in the demand, even if the contractor had not yet filed a lien…