The defendant, Marydel Homes, moved to discharge a construction lien registered by the plaintiff, Trillium Masonry, or alternatively to reduce the posted security.
The lien amount included both the cost of work performed on the specific lot and an outstanding balance of over $190,000 from a prior contract, which the parties had contractually agreed to incorporate into the contract price for the new lot.
The court dismissed the motion, holding that the Construction Act does not prohibit parties from contractually agreeing to a price for lienable services that includes prior outstanding debts.
The court concluded that because the price was agreed upon in writing, it served as the valid basis for the lien, leaving any factual disputes regarding the agreement for trial.
