Douglas Edward Snider

Following trial, the successful plaintiff sought costs consisting of partial indemnity costs to the date of its offer to settle and substantial indemnity costs thereafter pursuant to Rule 49.10 of the Rules of Civil Procedure.

The defendants did not dispute entitlement to costs or the applicability of substantial indemnity costs after the offer but challenged the reasonableness of certain amounts claimed.

The court reviewed the governing principles under Rule 57.01 and appellate guidance emphasizing indemnification of successful litigants, encouragement of settlement, and deterrence of inappropriate litigation conduct.

The court found the plaintiff’s Bill of Costs fair and reasonable, particularly given the defendants’ decision to contest numerous minor claims requiring proof at trial.

Costs were awarded to the plaintiff totaling $60,450.31.

The plaintiff contractor brought a construction lien action against the defendant owner for unpaid extras on a commercial renovation project.

The parties had agreed to a fixed-price contract, but the plaintiff claimed it performed numerous extras at the owner's request.

The owner argued the fixed price was an upset limit and claimed set-off for deficiencies.

The court found that the owner had expressly or impliedly authorized most of the extras and waived any requirement for written authorization.

The court dismissed the owner's claim for set-off because it failed to give the contractor notice of the alleged defects and an opportunity to correct them.

The contractor was awarded a lien judgment for $82,185.82.