DiMario v. Heeks

The plaintiff-contractor agreed in writing to remodel and build an addition to the defendant-owners’ residence for approximately $10,745 of which all but $3,185 has been paid. When the owners refused to pay that balance, the contractor commenced two suits in the Superior Court. One was a civil action to recover the balance due on the contract; the other a miscellaneous petition to enforce a mechanics’ lien for labor and materials furnished. The owners defended on the ground that the contractor was guilty of a material breach and, in addition, counterclaimed for the cost of making good the…