The plaintiff, Continental Homes Inc., sought costs following a trial where it was awarded $23,279.50 in lien and breach of contract damages, and successfully defeated the defendants' $63,516.77 set-off and counterclaim.
The court considered the plaintiff's limited success (14% of claimed damages), the plaintiff's reasonable offers to settle, and the conduct of both parties, including the plaintiff's significant delay in filing costs outlines and the defendants' counsel's violation of page limits.
The court awarded the plaintiff $20,000 in partial indemnity costs and clarified the correct prejudgment interest rate and commencement date for the damages awarded.
