Following an 11-week construction lien trial where the plaintiff recovered $254,464 after set-off, the plaintiff sought over $1.2 million in costs and disbursements.
The plaintiff had made a Rule 49 offer to settle for $217,000, which the defendants rejected.
The court assessed the reasonableness and proportionality of the costs, noting that while the costs far exceeded the recovery, applying a strict results-based proportionality would be unfair given the defendants' refusal to settle and the consequences of Rule 49.
The court reduced several expert disbursements but awarded the plaintiff total costs of $758,421.20.
