The defendant brought a summary judgment motion to vacate or discharge the plaintiff's claim for lien, or alternatively to reduce the amount of security posted.
The court found that there were genuine issues requiring a trial regarding the contract price and the date the plaintiff last performed work on the project.
The court held that the evidentiary record did not permit a fair and just determination of these issues without a trial, as there were serious credibility issues and conflicting evidence.
The motion was dismissed.
