The defendants brought a motion to dismiss a construction lien action for delay.
The plaintiff contractor registered a lien in 2012 but took no steps in the proceeding for over seven years after setting it down for trial.
The court found the delay to be inordinate and inexcusable, noting the summary nature of construction lien actions.
The court also found the delay caused actual prejudice to the defendants, as their key witnesses' memories had faded and records were lost.
The motion was granted, the action was dismissed, and the lien was discharged.