Following the voluntary release of a construction lien by the plaintiff, the defendant moving party sought substantial indemnity costs of $19,932.03 for its motion to discharge the lien.
The plaintiff argued for nominal costs or costs in the cause.
The court awarded partial indemnity costs of $7,000 to the defendant, finding that while the defendant was entitled to costs, the amount claimed was disproportionate and the defendant had engaged in over-preparation and failed to respond to a statutory request for information.
