In a construction lien trial arising from a window and door supply-and-install contract for a mixed-use property renovation, the owners alleged the contractor failed to perform masonry work, supplied non-conforming products, and performed deficient installation work, then counterclaimed after removing the installed windows and terminating the contract.
The court found the contractor had no contractual obligation to perform masonry work, had substantially supplied the contracted products save for a transom it was prepared to replace, and that the alleged deficiencies were largely unfinished items that could have been remedied had access not been denied.
The owners' termination was held to be an unjustified repudiation of the contract.
Judgment was granted for the unpaid balance of $11,770 together with prejudgment interest at 10% per annum, a lien in that amount, and dismissal of the counterclaim.
