Brown v. Lowell

Citations

• 79 Ill. 484

Syllabus

<p>1. Practice—time to object to petition for mechanic's lien. A petition to enforce a lien, under the Mechanics’ Lien Law, for materials furnished, which does not state when the work was to be completed and the money paid under the agreement, is bad on demurrer, but if an answer is put in and the case is tried, and the proof shows that the time for the completion and payment for the work was within the time limited by the statute, it is too late to raise the objection to the petition in this court.</p> <p>2. Mechanic’s lien-—extent of sub-contractor's lien—additional worh. Where the original contract is for a specific sum of money, but with an express provision for alterations and changes in the plans, and an agreement by the owner to pay what is equitable and just, any increased work growing out of such alteration in the plans is not extra work, but is fully within the contract, although not named in the specifications, and the lien of a sub-contractor attaches to the money due for such additional work as completely as to the work done under the specifications.</p> <p>8. Same—rights of sub-contractor not affected by settlement between owner and original contractor after notice to owner. When the notice provided by statute is served by a sub-contractor on the owner, the previous inchoate lien becomes fixed, and the sub-contractor is not bound by any settlement, payment or agreement made after the notice was served, without his consent.</p> <p>4. Same—when notice may be given, and the effect- thereof. The sub-contractor has the option to give notice, under the statute, to the owner, eithei within twenty days from the time a payment falls due under his contract, or within twenty days after completing his contract. If given within twenty days after a payment falls due, it will complete his lien from that time, and the owner can not avail of any payment made to the first contractor after that time, to defeat it; but if he delays until within twenty days after completin