Gellis v. B. L. I. Construction Co.

Shulman, Judge.

B. L. I. Construction Company (appellee-general contractor) brought suit against Institutional Investors Trust (appellant-construction lender/grantee in security deed) to recover $360,782.50, which amount represented the balance due, including retainage for services rendered and materials furnished, for the erection of an apartment complex. In addition to a general (in personam) judgment, appellee sought to have its contractor’s lien declared superior to the lender’s title and also prayed for actual and punitive damages for certain allegedly fraudulent actions by the lender. In…