Baldyga Construction Co. v. Hurff

Staller, J. S. C.

This is a motion for summary judgment brought by defendants Donald and Diane Hurff against plaintiff Baldyga Construction Company, Inc. (Baldyga) in an action in which plaintiff seeks to enforce a mechanic’s lien.

Plaintiff subcontractor is a masonry contractor which, sometime in 1977, contracted with a general contractor, the Behm Corporation (Behm), to do masonry work on a home being built for the Hurffs. Baldyga’s contract called for it to perform work consisting of clearing the lot, staking out the *589house, installing the footings, foundations, steps, flatwork, brickwork and…