Our client was the developer of a large apartment complex. The developer’s general contractor hired a subcontractor to perform the site work and the installation of utilities.
The general contractor contended that the subcontractor was not performing its contract and after repeated counseling attempts and curative action, it was forced to terminate the subcontractor from the project. The general contractor had to hire a replacement subcontract to repair a significant amount of the work and finish the work.
The terminated subcontractor filed a significant mechanic’s lien of approximately $500,000.00 on our client’s property even though the subcontractor’s actions and inactions caused our client damages that eclipsed this amount.
We approached this matter on the offensive. Our client filed a bond that removed the lien from the property, therefore freeing the property from the lien and any negative impacts. We then proactively filed a lawsuit seeking a declaratory judgment action that the lien was invalid for a variety of reasons. We then moved for summary judgment on our claims quickly which the court granted.
