Rich-Lee Equipment Rentals, Inc. v. Intermountain Construction Co.

Plaintiff, Rich-Lee Equipment Rentals, Inc., appeals from a judgment in favor of defendant Broadmoor Homes, Inc., on a cause of action for breach of contract, and in favor of defendant First Management Corporation, on causes of action seeking foreclosure of a mechanic’s lien and enforcement of a stop notice.

Mechanic’s Lien and Stop Notice

The facts pertinent to the mechanic’s lien and stop notice as found by the trial court are as follows;

First Management Corporation (hereinafter referred to as First Management), as owner of certain property in the County of Orange, contracted with Broadmoor Homes, Inc. (hereinafter referred to as Broadmoor) as general contractor to construct a work of improvement on the subject property. On May 29, 1974, Broadmoor entered into a subcontract with Intermountain Construction Company (hereinafter referred to as Imcco) for the earthmoving work to be done on the property. From June 5, 1974, to August 27, 1974, Imcco rented earthmoving equipment consisting of a dozer and a sheepsfoot tamper together with operators from plaintiff Rich-Lee Equipment Rentals, Lie. (hereinafter referred to as Rich-Lee) at an hourly rate for use on this…