CompFox AI Summary
This case concerns lien claimants whose liens were dismissed with prejudice for failing to appear at a lien conference and not objecting within the prescribed ten days. The lien claimants sought reconsideration, arguing a clerical error caused their non-appearance and that service of the dismissal order was defective as delegated to the defendant. However, the Appeals Board dismissed the petition because it was untimely filed, exceeding the 25-day statutory limit for reconsideration after service of the April 25, 2013 order. The Board found the order was properly considered a notice of intention, allowing delegation of service, and the lien claimants were properly charged with receipt of the dismissal.
Full Decision Text1 Pages
This case concerns lien claimants whose liens were dismissed with prejudice for failing to appear at a lien conference and not objecting within the prescribed ten days. The lien claimants sought reconsideration, arguing a clerical error caused their non-appearance and that service of the dismissal order was defective as delegated to the defendant. However, the Appeals Board dismissed the petition because it was untimely filed, exceeding the 25-day statutory limit for reconsideration after service of the April 25, 2013 order. The Board found the order was properly considered a notice of intention, allowing delegation of service, and the lien claimants were properly charged with receipt of the dismissal.
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