Johnson v. Thompson Construction

Plaintiff brought this action to recover the balance due on a construction contract and to foreclose its mechanics’ hen. The principal, Thompson Construction, Inc., counterclaimed, alleging breach of contract. The trial court, sitting without a jury, entered judgment for the plaintiff, dismissed defendant’s counterclaim and granted plaintiff attorney’s fees on appeal. Defendant assigns error to the dismissal of his counterclaim and to the award of attorney’s fees on appeal.

The defendant contracted with Safeway to build a new store. The plaintiff subcontracted to perform plumbing, heating, air…