The defendants in a construction lien action brought a motion to amend their counterclaim to add two separate corporate entities and their principal as plaintiffs, or alternatively, to have the counterclaim proceed as a separate action.
The court held that the Construction Lien Act prohibits adding non-parties as plaintiffs by way of counterclaim.
However, the court granted leave to withdraw an admission regarding the contracting party and ordered that the proposed counterclaim be severed and proceed as a separate action to be tried together with the lien action.
