Joshua D. Hemmings

The plaintiff, a trim carpenter, brought a construction lien and breach of contract action against the general contractor and the homeowner for unpaid work on a residential project.

The court found that the general contractor wrongfully repudiated the oral subcontract by failing to pay the plaintiff and denying him access to the site.

The court also found that the general contractor made a pre-contractual misrepresentation that formed a collateral warranty, causing the contract price to revert to its original higher amount when the condition was breached.

The plaintiff was awarded a lien of $16,225, for which both defendants were jointly and severally liable, and $7,200 in breach of contract damages against the general contractor.

The plaintiff moved for leave to register a certificate of pending litigation (CPL) against a property she previously owned, alleging it was fraudulently transferred by the second mortgagee to a newly incorporated company under a power of sale.

The court found multiple 'badges of fraud', including a sale below market value, lack of public marketing, and a prior relationship between the parties.

Concluding there was a triable issue regarding the plaintiff's interest in the land, the court granted the CPL and awarded partial indemnity costs to the plaintiff.