Bianchi v. Hughes

Citations

• 124 Cal. 24
• 56 P. 610
• 1899 Cal. LEXIS 932

Syllabus

<p>Mechanics’ Liens—Completion of Building—1 ‘Trivial Imperfection” —Construction of Code.—“Trivial imperfections,” which, under section 1187 of the Code of Civil Procedure, are not to be deemed such a lack of completion of a building as to prevent the filing of any lien thereupon, refer to imperfect or defective performance of the work upon a building which is claimed to be completed, and relate to the question whether or not there has been an actual completion of the building. They do not apply to a case in which the building is uncompleted, and workmen are engaged in constructing substantial portions thereof.</p> <p>In,—Question of Fact.—What constitutes a “trivial imperfection” is a question of fact, the decision of which by the trial court cannot be disregarded, unless the party complaining makes it clearly appear to be without any evidence in its support</p> <p>Id.—Finding—Noncompletion of Building.—A finding that the building was not completed when the claim of- Hen was filed, carries with it the additional finding that in the- opinion of the court the uncompleted portions of the building were not trivial imperfections.</p> <p>In.—Relative Cost of Uncompleted Past—Substantial Omissions.— The question, whether an omitted portion of a building is a “trivial imperfection” is not to be determined by its relative cost to that of the entire building; but if the omissions arc so substantial that the contractor would not have a right of recovery upon bis contract until they are supplied, the building is not completed, so that a claim of lien filed thereon can be enforced.</p> <p>In.—Marble Steps to Basement — Premature Notice of Lien.—■ The construction of marble steps, by which the basement of the building was to be reached, is a substantial portion of the building, and the absence of the steps is not a trivial Imperfection, though tihe cost of construction thereof was small in comparison with the cost of the entire building; and a notice of lien filed by a material