Steinwinter

These are two appeals which have been consolidated for hearing in this court. The case arises out of a contract for the construction of a residence. Plaintiffs are the contractors and defendants are the owners. They will be so designated in this opinion.

The contractors, as a copartnership, entered into a written contract with the owners to construct a residence. The contract provided for normal progress payments during the course of construction with a final payment of $4,700 to be paid upon the filing of a notice of completion. The contractors built the house and upon completion, demanded final payment. The owners complained of certain defects in the construction and refused payment, whereupon the contractors filed and recorded a mechanic’s lien and commenced this action to foreclose the lien. The owners answered in the action and subsequently cross-complained for a breach of the contract alleging that the contractors had not done the construction in a good and workmanlike manner in accordance with the plans and specifications. The contractors answered the cross-complaint by a general denial and as an affirmative defense alleged the money due them as final payment under the…