Lichty v. Merzenich

The dispute between the parties is whether a contract under which plaintiff would be paid an hourly-rate for his services in constructing a residence for defendants was later renegotiated into an agreement to finish the remaining construction at a fixed price. Plaintiff sued to foreclose a lien for labor and materials under the original contract, and defendants counterclaimed for sums paid or to be paid by them beyond an allegedly renegotiated contract price. The trial court found for defendants and awarded them $3,300 on their counterclaim plus costs.

Dr. Merzenich hired Mr. Lichty in…