ALVA J. MILLER, APPELLANT,
v.
BOB DEAN STEEL BUILDINGS, INC., APPELLEE
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The appellate court reversed a lower court's decree enforcing a mechanic's lien, finding that the building was not substantially completed in accordance with the contract. The court remanded the case with instructions to dismiss the complaint.
No, the building was not substantially completed in reasonable compliance with the contract because supporting columns were mislocated beyond allowable tolerances. Therefore, the mechanic's lien should not have been enforced.
“The special master's conclusion that the building was substantially completed is contradicted by his finding, for example, that supporting columns were mislocated beyond allowable tolerances.”
This quote establishes the core factual and legal contradiction that led the court to overturn the lower court's decision.
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Join FLexlaw to unlock all legal intelligenceMiller appealed a decree that enforced a mechanic's lien against him. The special master had concluded the building was substantially completed, but a…
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Miller appeals a decree enforcing a mechanic’s lien. The special master’s conclusion that the building was substantially *460completed is contradicted by his finding, for example, that supporting columns were mislocated beyond allowable tolerances. The building was not constructed in reasonable compliance with the contract, through no fault of the owner. Nelson v. Hazel, 89 Idaho 480, 406 P.2d 138 (1965). See Pitts v. Ahlswede, 139 So.2d 159, 160 (Fla.App.1962).
This disposition of the case renders it unnecessary to determine whether costs and fees in the amount of $4,992 may be awarded in an action to enforce a $7,227 lien.
Reversed and remanded with directions to dismiss the complaint without prejudice, with leave to amend.
LILES, C. J., and HOBSON and MANN, JJ., concur.
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Citator
Authorities Cited
- Falcon Pitts and Mike McKinley v. Erichc Ahlswede and Adeline M. Ahlswede, 139 So. 2d 159 (Fla. 1st DCA 1962)