Four actions arising from a commercial construction project were tried together.
The owner, acting as its own general contractor, alleged that the site supervisor, excavator, and other contractors colluded to defraud it by overbilling for excavation, trucking, and materials, and claimed the site supervisor breached a fiduciary duty.
The excavator and site supervisor registered construction liens for unpaid invoices and compensation.
The court dismissed the owner's fraud and breach of fiduciary duty claims, finding no evidence of false representations or vulnerability.
The court upheld the construction liens, awarding the excavator $399,990.12 for unpaid work and lost profit, and awarding the site supervisor $150,000 for his services, while ordering the return of a Ferrari given as partial payment.
