Joseph Gottli

The owners were successful on a motion to vacate a claim for lien registered by the contractor.

The owners sought substantial indemnity costs of $78,000, relying on a prior letter indicating their intent to claim such costs.

The court found no justification for substantial indemnity costs, as the contractor's unsuccessful opposition to the motion did not constitute misconduct.

Applying the factors under Rule 57.01, the court awarded partial indemnity costs fixed at $46,835.03, noting the modest amount of the claim and the lack of legal complexity, while acknowledging the contractor's failure to produce records contributed to factual complexity.

The owners of a residential property brought a motion to declare a construction lien expired and to vacate its registration.

The general contractor had registered a lien for $201,356, claiming the last day of work was August 15, 2019.

The court found that the original renovation contract was terminated on June 16, 2019, and replaced with a new oral agreement.

The court further determined that the contractor abandoned the work under the new agreement on August 7, 2019.

Because the lien was registered more than 60 days after the abandonment, it had expired.

The motion was granted and the lien was ordered vacated.