The appellant contractor appealed a motion judge's order discharging and vacating its construction lien.
The motion judge had found that the lien expired prior to perfection because the contract was terminated or abandoned more than 150 days before the certificate of action was registered.
On appeal, the contractor argued the motion judge erred in finding termination or abandonment and improperly used enhanced fact-finding powers.
The Divisional Court dismissed the appeal, finding no palpable and overriding error in the motion judge's factual findings of termination and abandonment, and concluding that the motion judge correctly applied the evidentiary burden without resorting to enhanced fact-finding powers.
