CENTRAL IOWA GRADING, INC. v. UDE CORP.

No. 85-543.

392 N.W.2d 857 (1986)

CENTRAL IOWA GRADING, INC., Plaintiff-Cross-Appellant, v. UDE CORPORATION, a/k/a United Design & Engineering Corp., Defendant, Nelson-Roth, Inc. and United Missouri Mortgage, Defendants-Appellants.

Court of Appeals of Iowa.

June 25, 1986.


Attorney(s) appearing for the Case

David M. Duree and James A. Bingley of Leritz, Reinert & Duree, St. Louis, Mo. and Michael Vinyard of Vinyard & Curran, Ottumwa, for defendants-appellants.

Dan L. Dudley of Murray, Davoren & Dudley, Des Moines, for plaintiff-cross-appellant.

Heard by OXBERGER, C.J., and DONIELSON and SCHLEGEL, JJ., but considered en banc.


HAYDEN, Judge.

Defendant owners appeal a judgment for plaintiff in a mechanic's lien foreclosure action. They assert that 1) the subcontractor had no lien rights since the contractor breached its contract with the owner and the cost of completion exceeded the contract amount; 2) the subcontractor was not entitled to a lien for extra work performed without written change orders; 3) the trial court erred in finding that contractor's failure to waive the contractual...

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