The plaintiff in a construction lien action brought a motion for leave under s. 67(2) of the Construction Act to amend his pleadings, discovery undertaking answers, and Scott Schedules to include claims for two additional extras and correct accounting errors.
The defendants opposed, arguing the amendments withdrew admissions and introduced statute-barred claims.
The Master found the original pleadings were not admissions under Rule 51.05 and the amendments merely clarified existing claims rather than introducing new causes of action.
Finding no non-compensable prejudice to the defendants, the Master granted leave for all requested amendments.
