Following a seven‑day construction lien trial in which the plaintiff obtained judgment exceeding its pre‑trial offer to settle, the court determined the appropriate costs award.
The plaintiff sought elevated costs relying on Rule 49.10 and alleged reprehensible litigation conduct by one of the defendants.
The court held that the offer to settle engaged Rule 49.10 and that the defendant’s conduct at trial— including untruthful testimony, refusal to admit obvious facts, late allegations of deficiencies, and unfounded accusations of dishonesty— constituted reprehensible conduct that lengthened the trial.
Substantial indemnity costs were therefore appropriate, subject to reductions for certain law clerk and client‑incurred expenses considered overhead or not recoverable.
The defendants were ordered to pay costs totalling $88,679.30.
