Basement waterproofer accidently drills into your sewer line. You dispute the bill. It goes to court. Attorneys arrive on the scene. Iowa Supreme Court says that's cool - you lose your home.
Iowa Supreme Court rules contractor can foreclose on hapless homeowner for $58,000 in attorney fees and water-proofer's bill plus court costs and interest, of course. Bye bye house.
Long-running litigation, like a species in the order lepidoptera, often
goes through a metamorphosis. The difference is that the final stage of a
legal metamorphosis is not a butterfly. Rather, as here, it is frequently a
battle over attorney fees.
In June 2013, certain homeowners hired a contractor to waterproof
their basement. After the contractor accidentally drilled into the house’s
water and sewer lines, which were in an unusual location, the homeowners
refused to pay the contractor’s bill. The contractor then sued to enforce a
mechanic’s lien.
After more than three years of litigation, including an appeal, it was
ultimately determined that the homeowners had to pay all but $500 of the
contractor’s unpaid $5400 bill and that the contractor was entitled to
foreclosure of its mechanic’s lien.
This lawsuit is now in the last stage of its life cycle. The present
dispute relates to the contractor’s attorney fees, which now amount to over
$58,000. Iowa law provides that “n a court action to enforce a
mechanic’s lien, a prevailing plaintiff may be awarded reasonable attorney
fees.” https://www.iowacourts.gov/courtcases/4395/embed/SupremeCourtOpinion
goes through a metamorphosis. The difference is that the final stage of a
legal metamorphosis is not a butterfly. Rather, as here, it is frequently a
battle over attorney fees.
In June 2013, certain homeowners hired a contractor to waterproof
their basement. After the contractor accidentally drilled into the house’s
water and sewer lines, which were in an unusual location, the homeowners
refused to pay the contractor’s bill. The contractor then sued to enforce a
mechanic’s lien.
After more than three years of litigation, including an appeal, it was
ultimately determined that the homeowners had to pay all but $500 of the
contractor’s unpaid $5400 bill and that the contractor was entitled to
foreclosure of its mechanic’s lien.
This lawsuit is now in the last stage of its life cycle. The present
dispute relates to the contractor’s attorney fees, which now amount to over
$58,000. Iowa law provides that “n a court action to enforce a
mechanic’s lien, a prevailing plaintiff may be awarded reasonable attorney
fees.” https://www.iowacourts.gov/courtcases/4395/embed/SupremeCourtOpinion
Iowa Supreme Court rules contractor can foreclose on hapless homeowner for $58,000 in attorney fees and water-proofer's bill plus court costs and interest, of course. Bye bye house.
