Section 39-A. Liability of lienor where lien has been declared void on account of wilful exaggeration  


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  • Where in any  action  or  proceeding  to
      enforce a mechanic's lien upon a private or public improvement the court
      shall  have  declared  said  lien  to  be  void  on  account  of  wilful
      exaggeration the person filing such notice of lien shall  be  liable  in
      damages  to  the  owner  or  contractor. The damages which said owner or
      contractor shall be entitled to recover, shall include the amount of any
      premium for a bond given to obtain the discharge  of  the  lien  or  the
      interest on any money deposited for the purpose of discharging the lien,
      reasonable attorney's fees for services in securing the discharge of the
      lien,  and an amount equal to the difference by which the amount claimed
      to be due or to become due as stated in the notice of lien exceeded  the
      amount actually due or to become due thereon.