Jones v. J.H. Hiser Construction Co.

ADKINS, Judge.

Appellee J.H. Hiser Construction Co., Inc. built a house for appellants Dr. and Mrs. Robert L. Jones. The house was erected under a written cost plus construction contract. When the Joneses failed to pay the full amount Hiser claimed under the contract Hiser sought a mechanics lien which in due course was imposed by the Circuit Court for Montgomery County in the amount of $43,505.18.

From that judgment the Joneses appeal. The issues presented are whether Hiser (1) was subject to a duty “to know of, keep track of and advise appellants that actual construction costs were…