BANGOR ROOFING & SHEET METAL CO. vs. ROBBINS PLUMBING CO., INC., T. W. CUNNINGHAM, INC., HAROLD COLBY, RECEIVER, OLD TOWN HIGH SCHOOL DISTRICT, AND BUILDING; T. W. CUNNINGHAM, INC., HAROLD COLBY, RECEIVER, OLD TOWN HIGH SCHOOL DISTRICT, AND BUILDING, 151 Me. 145

Summary

A contractor hired by the owner to erect a school building engaged a subcontractor to furnish labor and materials. The subcontractor filed bills in equity against the owner under the lien law. The lower court disallowed, as non-lienable, the listed items for taxes, insurance, overhead, profit, and, in the instance where the subcontractor was a sub-subcontractor, for transportation. The subcontractor appealed. The court reversed and remanded. The court held that the lower court erred in limiting the subcontractor's recovery to actual costs when the evidence would have supported a finding of value in excess of actual costs. The court held that the owner, if the contract was properly performed, was estopped from asserting that the fair value of labor and materials was less than the sum approved and agreed upon because it reserved the right to approve or reject proposed subcontractors and their bids. The court held that, although transportation was non-lienable, the lien should have ...