The defendant moved to dismiss the plaintiff's action for delay.
The court had previously declared the plaintiff's construction lien expired and dismissed the action insofar as it sought to enforce the lien.
The defendant argued the remaining breach of contract claim should also be dismissed for delay.
The court found that while the plaintiff had failed to advance the litigation and ignored its obligations, it would be unjust to dismiss the potentially meritorious claim without giving the self-represented plaintiff a final opportunity.
The court permitted the contract claim to proceed under a strict timetable and awarded the defendant substantial indemnity costs of $14,130.22, with the action to be automatically stayed if costs were not paid.
