The moving contractor sought leave under the Construction Lien Act, a declaration of substantial performance, and partial summary judgment for unpaid contract and change-order amounts arising from a municipal fountain rehabilitation project.
The court held that the improvement was ready for use and that the remaining rectification items were minor and well below the statutory threshold in s. 2.
The court found no genuine issue requiring a trial on the unpaid base contract balance, change order 7, and an admitted pending change order amount, but held that change order 8 for mould abatement raised a triable issue as to quantum.
Partial judgment was granted for $188,342.56 plus prejudgment and postjudgment interest, and substantial performance was declared.
