Norman A. Koglin Associates v. Valenz Oro, Inc.

If it looks like a counterclaim, and reads like a counterclaim, and does the things counterclaims are supposed to do, it probably is a counterclaim. At least, it is under the facts of this lawsuit as they apply to the provisions of the Mechanics Lien Act (the Act) (770 ILCS 60/0.01 et seq. (West 1992)).

The trial judge took a stricter view, holding that a general contractor who filed an answer seeking to enforce its lien, but did not file a document entitled "counterclaim,” failed to become a complainant under the terms of the Act.

The general contractor, H.B. Barnard Company, became a litigant…