Frank Galati

Following a trial in a construction lien and breach of contract action with a divided result, the court determined the costs and prejudgment interest.

The plaintiff was marginally successful but had its costs significantly reduced due to the divided result, an exaggerated lien claim, and a reasonable offer to settle by the defendant.

The plaintiff was awarded $15,000 in partial indemnity costs, including a portion of its expert's fees.

Prejudgment interest was awarded at 3% per annum from the date the primary invoice was due.

The plaintiff contractor brought a construction lien action for unpaid invoices and extras related to a balcony repair project.

The defendant owner counterclaimed for delay costs and defective workmanship, including undersized balconies and damaged railings.

The court dismissed both parties' delay claims due to a lack of expert evidence and failure to comply with contractual notice provisions.

The court awarded the plaintiff its unpaid invoice, holdback interest, and extras for slab replacement, while granting the defendant partial backcharges for the undersized balconies and damaged railings.

Ultimately, the plaintiff was awarded a net judgment of $44,999.19 and a valid lien.