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Can I file Prompt Payment at the same time that I am in legal proceedings with mechanical liens I have already placed?

IllinoisConstruction ContractMechanics LienPrompt Payment

I currently have an attorney working on my Mechanics liens, and as you state in the information above, the Construction Manager is trying to skirt his way around paying the final payments due for work completed as expected by dragging us into court now by having the Complaints filed, etc. The amount owed to me of additional work/scope is significant, in addition to the final payments being withheld (they want me to sign lien waivers which would make it impossible for me to then bill for the extra labor & materials). In Illinois, do I have the right to file a Prompt Payment at the same time as we are in legal proceedings? IL does allow for free mediation between both parties and their attorneys, however, defendant refuses this option. Thanks!

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