F.S. Turton

The plaintiff sought costs of $14,352.16 on a partial indemnity scale following a motion to compel document production, which was largely resolved on consent or abandoned.

The defendants argued for costs of $5,278.23.

The Master found the plaintiff's claimed amount disproportionate given the limited success and abandoned relief, fixing costs payable to the plaintiff at $2,800.

The defendants brought a motion to discharge the plaintiff's construction lien claim and certificate of action, arguing it was not registered in a timely manner and had expired.

The plaintiff, an architectural firm, contended its last supply of services was an attendance at the property to assess a potential roof-raising project, which would make the lien timely.

The court found that this attendance did not constitute a "supply of services to an improvement" under the Construction Lien Act, as it was unsolicited, did not enhance the property's value, and was outside the scope of the original contracts.

Consequently, the lien was found to have expired in early 2009, making its registration in March 2012 untimely.

The defendants' motion to discharge the lien was granted, and the security posted by a third party was ordered to be returned.

The plaintiff's underlying contractual claim was not dismissed.