The defendants moved to dismiss the plaintiff's construction lien action for delay under Rule 24.01(1)(c) of the Rules of Civil Procedure, arguing the plaintiff failed to set the action down for trial within six months of the close of pleadings.
The court dismissed the motion, finding that Rule 24.01(1)(c) is inconsistent with the statutory timelines under the Construction Act, which provides that a perfected lien expires on the second anniversary of the commencement of the action.
The court also noted that the plaintiff's delay was justified by the defendants' pending appeal regarding the court's jurisdiction.
