On a motion under s. 56 of the Construction Lien Act, the contractor sought leave to add the owner as a third party in a subcontractor lien action for contribution and indemnity.
The owner argued contractual dispute resolution provisions and potential overlap with a broader contract claim would cause undue prejudice and complicate the summary lien proceeding.
The court held the proposed third party claim was confined to contribution and indemnity, found no undue prejudice or undue delay, and distinguished authority where arbitration had already been triggered.
Leave was granted because the owner was a necessary party to delay-related issues and denial could prejudice both the contractor and the subcontractor, including by possible limitation consequences.
