John Lynch and Neil Pandey obtain Summary Judgment for Owner in Construction Dispute

John P. Lynch Jr.

After being terminated for poor performance during the construction of a school building and a field house, the general contractor filed a mechanic’s lien for more than $500,000 against the property which was owned by the operators of a private school. The contractor then sued to foreclose on the lien, and sought attorneys’ fees and prejudgment interest as well. Two employees of the owner also were sued for defamation. 

John and Neil filed summary judgment motions asserting that the mechanic’s lien was fraudulent and otherwise failed to comply with the Mechanic’s Lien Act.  With respect to the defamation claims, they asserted that only inadmissible hearsay supported those claims and, even if there were defamatory statements made, they were subject to a qualified privilege. The court agreed and summary judgment was entered in favor of the defendants.