(770 ILCS 60/9) (from Ch. 82, par. 9)
Sec. 9.
If payment shall not be made to the contractor having a lien by
virtue of this act of any amount due when the same becomes due, then such
contractor may bring suit to enforce his lien in the circuit court
in the county where the improvement is
located, and in the event that the contract relates to two or more
buildings or two or more lots or tracts of land, then all of said buildings
and lots or tracts of land may be included in one complaint.
Any two or more persons having liens on the same property may join in
bringing such suit, setting forth their respective rights in their
complaint; all lien claimants not made parties thereto may upon
filing a petition to intervene become defendants and enforce their liens
by counterclaim against all the parties to the suit;
and the complaint shall not thereafter be dismissed as to
any lien claimant, or as to the owner or owners of the premises
without the consent of such lien claimant. The plaintiff and
all defendants to such complaint may contest each other's right
without any formal issue of record made up between them other than that
shown upon the original complaint, as well with respect to the
amount due as to the right to the benefit of the lien claimed: Provided,
that if by such contest by co-defendants any lien claimants be taken by
surprise, the court may, in its discretion, as to such claim, grant a
continuance. The court may render judgment against any party summoned and
failing to appear, as in other cases of default. Such suit shall be
commenced or counterclaim filed within two years after the completion of the
contract, or completion of the extra or additional work, or furnishing of
extra or additional material thereunder.
(Source: P.A. 79-1358.)
|