The parties settled a construction lien dispute regarding painting work for $30,000, but could not agree on costs.
The defendants' offer to settle did not explicitly mention costs.
The plaintiff sought costs up to the date of the offer's acceptance under Rule 49.07(5)(a), while the defendants argued they were entitled to costs because the plaintiff delayed acceptance until after motion preparation was done.
The court found the plaintiff was entitled to costs on a partial indemnity basis, as the offer was never withdrawn and the defendants were not successful in the litigation.
The court awarded the plaintiff $8,500 in costs.
