The defendants moved for the release of cash posted into court as security to vacate a construction lien under s. 44 of the Construction Lien Act.
The parties were engaged in a private arbitration to resolve their disputes, and the arbitrator had issued a partial award but deferred the determination of costs and counterclaims until the conclusion of the arbitration.
The Superior Court dismissed the motion as premature, finding that competing claims against the security remained unresolved and that releasing funds before the arbitration concluded would be prejudicial.
