The defendant general contractor moved to have a subcontractor's construction lien declared expired for failure to preserve it in a timely manner under the Construction Act.
The moving party argued the last bona fide supply of services occurred in December 2019, while the responding party provided uncontradicted affidavit evidence that work continued until February 2020 due to delays.
The court dismissed the motion, finding a genuine issue requiring a trial regarding the date of the last bona fide supply, as the conflicting evidence and final invoices needed to be tested through cross-examination.
