The plaintiff contractor brought a motion to amend its statement of claim to correct a misnomer, add a claim for additional construction costs, and plead misrepresentation against one of the defendants regarding his status as an owner versus a builder under the New Home Warranties Plan Act.
The defendants opposed the amendments, arguing they were statute-barred and improperly joined to a lien action.
The court granted the motion in its entirety, finding that the misrepresentation claim was not clearly statute-barred as it was discovered recently upon disclosure of a project management agreement.
The court also found that the misrepresentation claim had an essential connection to the lien claim, permitting joinder.
Finally, the court declined to order security for costs or costs thrown away against the plaintiff, noting the defendants' delay in producing the relevant agreement.
