E. Quail

The defendant moved to declare the plaintiff's construction lien expired and to dismiss the action in its entirety.

The plaintiff conceded the lien had expired but opposed the dismissal of its joined contract claim.

The court declared the lien expired and vacated the registrations but refused to dismiss the contract claim, finding insufficient evidence of prejudice or undue delay solely attributable to the plaintiff.

The contract claim was permitted to continue as an ordinary action under the Rules of Civil Procedure.

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.