A.A. Quality Construction v. Thomas

A.A. Quality Construction (A.A.) brought this action to foreclose a mechanics’ lien. A.A. appeals the decision of the District Court for Dawson County, which instead awarded damages on a theory of contract and debt. Dr. Thomas cross-appeals. We affirm.

The issues are:

1. Was partial summary judgment granted without a hearing?

2. Is A.A.’s mechanics’ lien invalid?

3. Should the trial court have awarded Dr. Thomas additional offsets for work not completed or improperly done?

A.A. contracted to do plumbing work on Dr. Thomas’ rental property on a time and material basis. Dr. Thomas paid A.A.’s first…