Illinois Concrete-I.C.I., Inc. v. Storefitters, Inc., 397 Ill. App. 3d 798 (2nd Dist. 2010)
Jan 20, 2010OUTCOME: The Court held that if a party sends demand to file suit, pursuant to Section 34 of the Mechanic Lien Act, 770 ILCS 60/1, to a lien claimant, then the party sending the Demand to File Suit has waived its right to arbitration.
A subcontractor filed suit against the general contractor on the subcontractor's recorded mechanic lien claim and for breach of contract. The general contractor attempted to enforce the binding arbi ... tration clause. However, the general contractor also sent a demand to foreclose upon the recorded mechanic lien claim to the subcontractor, who then filed suit.
