Sandro Soscia

Following a trial where the plaintiff succeeded in its construction lien and damages claims, the court determined the costs and interest payable.

The court found the defendant's settlement efforts unreasonable, noting she rejected a settlement conference recommendation and a reasonable Rule 49 offer from the plaintiff.

Applying the principles of proportionality and the factors under Rule 57.01, the court awarded the plaintiff costs of $135,000, representing a reduction from the $186,044.09 claimed, along with prejudgment and post-judgment interest.

The plaintiff contractor registered a construction lien and claimed breach of contract damages after the defendant owner terminated their residential construction contract.

The owner counterclaimed for damages, alleging the contractor abandoned the project and left numerous deficiencies.

The court found the contract was a fixed-price agreement with cost-plus ongoing compensation and shared supervision.

The court held the owner failed to prove fundamental breach by the contractor, as most alleged deficiencies were either changes necessitated by site conditions (like sandy soil) or unfinished work, and no proper notice to correct was given.

The owner's termination amounted to wrongful repudiation.

The contractor was awarded $74,259.32 for its lien, lost management fees, and lost profit, while the owner's counterclaim was dismissed.