Michael C. Mazzuca

The moving party brought motions to declare the plaintiffs' construction liens expired under the Construction Lien Act.

The substantive relief was granted on consent.

The only remaining issue was costs.

The court declined to award costs to the moving party, finding that its counsel had engaged in sharp practice by failing to respond to correspondence from opposing counsel that revealed a fundamental misunderstanding of the statutory deadlines during the COVID-19 pandemic.

The court held that correcting this clear mistake would not have sacrificed the client's rights and that the motions could have been brought ex parte or in writing.

The applicant sought a declaration that the respondent was indebted to it for $2,000,000 USD advanced for a solar project in Barbados, and the appointment of a receiver.

The respondent failed to obtain the required zoning approval within the stipulated 12-month period and repudiated the agreements.

The court found that the respondent was obliged to repay the funds and rejected its claim for equitable set-off based on a separate project in the Dominican Republic.

The court granted judgment for $2,000,000 and ordered the appointment of a receiver, subject to a 30-day grace period for repayment.