R & R Excavating Co. v. Olive Tree Homes, Inc.

Plaintiff, a subcontractor, brought this proceeding to foreclose a mechanic’s lien against defendants Lewis, the owners of the liened property, and defendant Olive Tree Homes, Inc., the prime contractor. Each defendant denied the lien claim and asserted separate counterclaims for damages allegedly caused by plaintiffs negligence in performing the work it was to do under its subcontract. The trial court dismissed plaintiffs lien claim and gave each of the defendants a judgment for attorney fees and costs as the prevailing parties on that claim. Separate parts of the same judgment order…