Appellate Court Applies Significant Issues Test to Deny Both Owner’s and Contractor’s Claims for Attorney Fees

2019-03-03T17:46:47-05:00March 2nd, 2019|Categories: Construction Liens|Tags: |

What you need to know: Where a construction contract itemizes materials, installation, or other costs, a court may find the contract to be “divisible” such that one of the parties may have an enforceable lien for one or more of the items but be in breach as to other items. In lien enforcement actions, the party that prevails in the trial court on the “significant issues” will be entitled to recover [...]