Foley Co. v. Walnut Associates

DIXON, Judge.

The appeal in the instant case is from a judgment of the trial court, sitting in equity, which: found that J. H. Mackay Electric Company, Inc. was entitled to payment from the owner for construction work upon the Mercantile Bank Building, declared the amount due to be secured by a mechanic’s lien, and imposed prejudgment interest upon a portion of the judgment.

The issues are the validity of the lien, the propriety of the prejudgment interest, the construction of the contract as it relates to the amount due, and a claim of offset or recoupment based upon the lien claimant’s…