Dirm 2010 Inc. was substantially successful in a construction lien trial, recovering over $1.3 million.
This decision addresses the issue of costs.
The court, Master C. Albert, fixed costs on a partial indemnity scale, considering factors such as the principle of indemnity, reasonable expectation of the payor, complexity, importance of issues, and proportionality.
Dirm's failure to make a formal settlement offer under Rule 49 resulted in a $6,000 deduction from the awarded costs.
The court also adjusted counsel's hourly rates, reduced the time claimed for a junior lawyer due to excessive docketed time as a student, and disallowed costs for two lawyers attending trial.
Costs were fixed at $354,151.19 payable by Prestressed Systems Incorporated to Dirm 2010 Inc.