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Fiberglass Fabricators, Inc. v. C.O. Falter Construction Corp.

Citations: 117 A.D.3d 1540; 985 N.Y.S.2d 804Docket: Appeal No. 2

Court: Appellate Division of the Supreme Court of the State of New York; May 9, 2014; New York; State Appellate Court

Narrative Opinion Summary

This case involves a legal dispute between a general contractor, Falter Construction Corp., and a supplier over a public improvement project. The plaintiff, contracted by Falter to supply fiberglass reinforced plastic (FRP) products, filed a mechanic’s lien after Falter refused to pay the final invoice, alleging the products were missing, defective, or nonconforming. Falter demanded a surety bond, which the plaintiff could not provide, leading to the contract's termination and Falter obtaining products from other suppliers. The plaintiff sued for breach of contract and sought foreclosure of its lien. Falter counterclaimed, arguing the lien was void due to willful exaggeration. The trial court dismissed the plaintiff's complaint, voided the lien, and awarded damages and attorney's fees to Falter under Lien Law § 39-a. On appeal, the court affirmed these findings, determining the lien was willfully exaggerated and justified the damages and fees awarded. The appellate court upheld the trial court's decisions, dismissing the appeals and maintaining the judgment in favor of Falter Construction Corp.

Legal Issues Addressed

Breach of Contract and Surety Bonds

Application: Falter Construction terminated the agreement with the plaintiff after the latter failed to provide a surety bond as assurance of performance.

Reasoning: Falter demanded a surety bond for assurance of performance, which the plaintiff could not provide, leading to the termination of their agreement and Falter procuring FRP products from other suppliers.

Damages and Attorney's Fees under Lien Law § 39-a

Application: The court upheld the award of damages and attorney's fees to Falter, finding no abuse of discretion in the fees related to discharging the lien.

Reasoning: The court validated Falter’s claims regarding the lien and found no abuse of discretion in the fees awarded for legal services related to discharging the lien.

Discharge of Mechanic's Lien via Bond

Application: Falter successfully discharged the plaintiff’s mechanic’s lien by securing a bond.

Reasoning: Following the termination, the plaintiff filed a mechanic’s lien corresponding to the final invoice, but Falter secured a bond to discharge this lien.

Mechanic's Lien and Willful Exaggeration

Application: The court determined that the plaintiff willfully exaggerated the mechanic’s lien amount, rendering it void.

Reasoning: The appellate court affirmed the trial court's findings, concluding that the plaintiff willfully exaggerated the lien amount, which was determined not solely based on discrepancies but also on evidence of intentional exaggeration.