The defendants in a construction lien action sought leave under section 67(2) of the Construction Lien Act to bring a motion for partial summary judgment.
The proposed motion would determine whether the Consumer Protection Act applies to the cost-plus construction contract and whether the plaintiff overbilled by exceeding statutory estimates.
The plaintiff opposed, arguing the motion was premature pending discovery.
The court granted leave, finding that determining the applicability of the Consumer Protection Act would likely expedite the resolution of the issues in dispute, even if some factual issues ultimately require a trial.
