Facts

Robin Oil, LLC entered into a contract with Diamond Point Construction Co. Inc. pursuant to which Diamond Point agreed to construct a commercial fueling facility on Robin Oil's property. Diamond Point signed a subcontract with Port Machinery to provide the grading work for the project.

PLAINTIFF'S CONTENTIONS:
Port Machinery contended that Diamond Point failed to pay approximately $46,000 under the subcontract. Port Machinery sued Diamond Point for breach of contract and common counts. Port Machinery had recorded a mechanic's lien on Robin Oil's property and sued to foreclose the lien.

DEFENDANTS' CONTENTIONS:
Robin Oil contended that Port Machinery had not fully performed its work under the subcontract. Robin Oil further claimed that Port Machinery had not proven the amounts owed to support the mechanic's lien. Lastly, Robin Oil contended that the lien was inflated, and therefore, void.

Diamond Point contended that Port Machinery was not owed the money because it failed to complete its work and Diamond Point had offsets that exceeded the amount Port Machinery was seeking.

Settlement Discussions

Port Machinery demanded payment in full, waiving interest.

Result

Complete defense verdict for both defendants.

Other Information

FILING DATE: Aug. 31, 2005.