Dow v. McKinley

This appeal of an order awarding attorney’s fees and costs arises out of a construction dispute between James and Nancy Dow (“Dows”) and John A. McKinley (“McKinley”), the contractor they hired to build their single-family home. We reverse.

After the Dows refused to pay McKinley’s final invoice of $56,096.87, McKinley filed a mechanic’s lien in that amount and a complaint, which included four counts: foreclosure of lien, breach of contract, un*1018just enrichment, and for goods sold and delivered and services rendered. The Dows’ amended answer contained four affirmative defenses and three…