MERLE'S CONST. CO., INC. v. Berg

SIMONETT, Justice.

We reverse and remand for further proceedings to determine if the plaintiff contractor is entitled to a mechanic’s lien.

Defendant-respondent James I. Berg hired plaintiff-appellant Merle’s Construction Company, Inc., under a written contract to perform extensive restoration of Berg’s home. A dispute arose and the Construction Company, claiming it was owed a balance of $28,678.03, commenced an action to foreclose its mechanic’s lien. Defendant Berg filed an answer denying the amount owed, denying he had ever been served with a prelien notice, and counterclaiming for damages.

Th…