The defendants brought a motion to vacate a construction lien and dismiss the plaintiff's action.
The plaintiff admitted the registered lien amount of $211,875 was incorrect and should have been approximately $167,000, relating to a subsequent oral contract rather than the initial formal contract pleaded.
The court held that the material misstatement in the lien amount could not be saved by section 6 of the Construction Lien Act.
The court vacated the lien and certificate of action but refused to strike the pleadings or dismiss the action, instead ordering the plaintiff to bring a motion to amend its statement of claim to assert the second contract for quantum meruit and breach of contract claims.