Sloan v. Owen

WILLIAMS, Justice.

In the trial court, plaintiff homeowners sued the defendant contractor for damages resulting from certain construction work done by contractor on their home. For convenience we will refer to the parties hereinafter as homeowners and contractor.

In the petition, homeowners affirmatively waived any action on contract and elected to sue in tort, alleging that their damages resulted from the contractor’s gross negligence. The contractor filed a general denial and a cross-petition seeking the foreclosure of his mechanic’s and materialman’s lien on the property, in the amount that…