Chicago Whirly, Inc. v. Amp Rite Electric Co., Inc.

Plaintiff Chicago Whirly, Inc. (Whirly), filed this declaratory judgment action against defendant Amp Rite Electric Company, Inc. (Amp Rite), the subcontractor hired to do electrical work on Whirly’s property, to declare a mechanics lien invalid and for damages for breach of contract. While the action was pending, plaintiff served defendant with a demand that defendant file suit to enforce its lien within 30 days. Defendant did not file suit within 30 days, claiming that a bankruptcy stay prevented it from naming a necessary party, the general contractor Cinaco Builders. Plaintiff filed a…