Dagle Construction Co v. Cerrati

Gregory, Justice:

This appeal is from an order dismissing appellants Alfred A. and Karen N. Cerrati’s demurrer to respondent Dagle Construction Company, Inc.’s complaint. We reverse.

The action is one for breach of contract and to foreclose a mechanic’s lien arising from a construction contract and work performed thereunder entered into between appellants, as owners, and Mr. Robert A. Dagle d/b/a Dagle Construction Company, as contractor. The mechanic’s lien was filed by Dagle Construction Company, Inc.

The contract, a standard A.I.A. short form small construction contract, was specifically…