The plaintiff subcontractor brought an action against the defendant owner for $12,500, representing the statutory holdback the owner failed to retain from the general contractor.
The central issue was whether the plaintiff's construction lien was preserved within the 45-day statutory time limit.
The plaintiff claimed the last date of service was March 26, 2013, while the defendant argued it was March 8, 2013.
The court found the plaintiff's evidence regarding the March 26 date lacked credibility and reliability, concluding the last date of service was likely March 8.
As a result, the lien was not preserved in time, and the action was dismissed.