The defendants brought a motion under section 47 of the Construction Lien Act to discharge the plaintiff's claim for lien, arguing it was registered out of time.
The defendants claimed the plaintiff abandoned the contract more than 45 days before registering the lien, relying on photographs showing the plaintiff's equipment had been removed.
The court dismissed the motion, finding that the date of abandonment and completion were triable issues requiring findings of fact and credibility that could not be resolved on a documentary record.
