A contractor brought a construction lien claim for unpaid amounts relating to tile installation in a newly constructed home, while the homeowners counterclaimed for damages arising from defective workmanship.
The court considered whether the contractor could continue the action under the Business Names Act, whether the work met the contractual requirement of being completed in a workmanlike manner according to standard practices, the proper measure of damages, and whether the lien was filed in time.
Leave to maintain the proceeding under the Business Names Act was refused due to failure to establish the statutory requirements and evidence that the defendants had been misled.
The court found portions of the tile installation defective, particularly the kitchen floor due to inadequate bonding, and awarded substantial damages on the counterclaim for full replacement of the floor and related components.
The lien was also found to have been filed outside the statutory time limit.
