The moving party, Greenmark Builders Inc., was successful on a motion to stay a Small Claims Court action commenced by a sub-contractor, Harding Mechanical Contractors, pending the outcome of a related construction lien action in the Superior Court.
The court awarded Greenmark costs of the motion, fixing them at $5,000 payable by Harding forthwith, and an additional $5,000 payable by the homeowners as costs in the cause, noting that the homeowners and Greenmark had unreasonably frustrated the resolution of Harding's claim.
