City View Electric Inc v. Rush Lake Offices LLC, et. al.

Cameron Royal Kelly

Case Conclusion Date:April 5, 2010

Practice Area:Real Estate

Outcome:Judgement in favour of PL Randall in excess of $90,000.00.

Description:Client PL Randall, LLC filed a valid mechanics lien statement with an amount due in excess of $50,000.00. Defendant Citizens State Bank had funded the construction of the subject office building, but after project failure took title to the property from the developer. Mechanics lien claimants sued for the foreclosure of their lien claims, and the bank tendered the matter to their title insurer. Despite having tendered the claim to its insurer, the title insurance company failed to appear prior the scheduled trial of the matter, inhibiting settlement efforts. At issue in the trial was the bank's theory that the property had been abandoned by the developer, and that the mechanics lien statements therefore did not have priority to the first date of work on the project. Lien claimants successfully litigated the issue. A judgement was issued in favour of PL Randall in excess of 58,000.00, and an additional claim for attorneys fees is pending.