Justice Carolyn Demarest
In this action seeking damages under theories including a wrongfully filed mechanic’s lien, the court reserved decision on the sixth and seventh causes of action for the wrongfully filed mechanic’s lien. Neptune Estates agreed Big Poll was to act as general contractor on a construction project, but removed Big Poll for cause and hired non-party Future City Plus. Future allegedly terminated subcontracts with IVM General Construction for cause and the project remained incomplete at the time of trial. IVM filed an initial mechanic’s lien against the property which was vacated. IVM filed a second mechanic’s lien which was also vacated and IVM’s foreclosure action was dismissed. Neptune alleged the claims seeking damages for wrongfully filed mechanic’s liens were based on the common law tort "injury to property." IVM argued injury to property was no longer viable. The court found no merit, or authority to support IVM’s contention the injury to property claim was "extinct." The court found IVM wrongfully, unlawfully and knowingly filed the mechanic’s lien against the property based on a fictitious claim resulting in losses to Neptune, entitling Neptune to recover damages for injury to property, including mortgage interest.
