The plaintiff subcontractor brought a construction lien action against the defendant general contractor and owner for unpaid invoices and extras relating to structural steel work.
The defendant general contractor counterclaimed for delay, deficiencies, and back charges, arguing the plaintiff failed to adhere to the project schedule and change order procedures.
The court found that the parties never agreed to a formal written contract or the change order procedure, but proceeded on an agreed price and scope of work.
The court held the plaintiff completed its work within a reasonable time and was not responsible for the project delays, which were attributable to the general contractor.
The plaintiff's claim for the contract balance and proven extras was allowed, and the defendant's counterclaim was dismissed.
