Welch v. Webb

Defendant appeals from a decree ordering foreclosure of a construction lien contending that plaintiffs had breached the contract and, therefore, were not entitled to the lien.

We conclude that the remedy of a construction lien was not available to plaintiffs, but we remand to the trial court for further findings to determine the amount of compensation, if any, to which they are entitled.

Plaintiffs and defendant executed a contract on November 1, 1977, whereby plaintiffs were to perform work as a part of construction of a truck stop for $5300. The contract set out plaintiffs’ duties as follows:

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