Jason Botelho

The plaintiff brought a motion to quash the defendant's appeal of a judgment for failing to serve the notice of appeal within the 15-day period required by the Construction Lien Act.

The defendant brought a cross-motion for an extension of time, arguing he was waiting for a costs endorsement to clarify an alleged error in the judgment.

The court granted the motion to quash and dismissed the motion for an extension, finding inadequate evidence of a bona fide intention to appeal within the relevant time period and noting that a costs judgment is a separate determination that does not extend the time to appeal the merits.

A construction lien action where a foundation contractor sought payment of an outstanding balance for work performed on a residential construction project.

The homeowner disputed the amount owed and advanced a set-off and counterclaim alleging deficient workmanship and breach of contract.

The court found the contractor had completed approximately 90 percent of the contracted work before being ordered off the job site following a design issue unrelated to the contractor.

The homeowner’s claims for remediation and damages were unsupported by reliable evidence and the contractor had not been given an opportunity to remedy alleged minor deficiencies.

Judgment was granted to the contractor for the invoiced amount, the lien was confirmed, and the counterclaim was dismissed.