L. Bleta

The plaintiff elevator maintenance company registered ten construction liens against five apartment buildings owned by the defendants for unpaid maintenance and repair services totaling $122,810.30.

The defendants claimed a set-off of $75,000, alleging the plaintiff failed to properly maintain the elevators, necessitating upgrades by a new contractor.

The court found the plaintiff proved its accounts and the defendants failed to prove any breach of contract by the plaintiff.

The court upheld the liens, including those for advance payments, and dismissed the defendants' set-off claim.

The court also dismissed a mid-trial recusal motion brought by the defendants.

The plaintiff brought a motion to enforce an accepted offer to settle a construction lien claim for $75,000.

The defendant argued that the settlement sum was all-inclusive and included costs, and alternatively asked the court to exercise its discretion not to enforce the settlement.

The court found that the offer was made pursuant to Rule 49 and, being silent on costs, entitled the plaintiff to assessed costs up to the date of acceptance under Rule 49.07(5).

The court declined to exercise its discretion to reject the settlement, finding no evidence of mistake and noting the prejudice to the plaintiff if the lengthy litigation were to continue.