Old Colony Construction LLC v. Schultz Corp.
A court can grant a prejudgment remedy application if, taking into account defenses, countervailing claims, set offs, exemptions, and insurance, probable cause exists that judgment will be issued to the applicant. In August 2010, the defendant, Schultz Corp., allegedly hired the plaintiff, Old Colony Construction, to perform test pile and pile driving services in connection with a bridge construction project in North Branford. Allegedly, performance was delayed, because power lines had to be moved, and Old Colony did not finish work until November 2010. The plaintiff sued and requested a prejudgment remedy attachment in the amount of $170,000. The court found that the parties' contract did not include charges for an engineer, Dr. Welti, or a supervisory company, CM Group. The court did not credit testimony that the defendant orally approved costs for the engineer and supervisory company. Probable cause exists that the plaintiff will prevail on the merits in the amount of $60,000, which includes $29,755 for work performed, $14,282 for finance charges and $15,000 for reasonable attorneys' fees. The court granted a prejudgment remedy in the amount of $60,000.