Hellbusch v. Rheinholdt

Plaintiff brought this suit to foreclose a mechanic’s lien on defendants’ dwelling for the balance due on the construction contract. Defendants appeal from a decree in favor of plaintiff. We review de novo.

In November, 1972, defendants contacted plaintiff regarding the construction of a home for them in Bend, Oregon. They had no plans or specifications. By March of 1973 defendants had a designer prepare the plans and elevation drawings but no specifications. In the latter part of May, 1973, defendants asked plaintiff "to get started on the foundation on a cost plus basis.” Defendants did not…