Javernick v. Smith, 12805
| Decision Date | 07 April 1980 |
| Docket Number | No. 12805,12805 |
| Citation | 101 Idaho 104,609 P.2d 171 |
| Court | Idaho Supreme Court |
| Parties | Rudolph J. JAVERNICK, Plaintiff, Counter-defendant, and Respondent, v. Joseph H. SMITH and Sharon D. Smith, husband and wife, Defendants, Counterclaimants, and Appellants, and The Idaho First National Bank, a National Banking Association, and First American Title Company of Idaho, an Idaho corporation, Defendants. Charles FINE and Walter Bonney, dba Bonney & Fine Painting, Plaintiffs, Counter-defendants and Respondents, v. Joseph H. SMITH and Sharon D. Smith, husband and wife, Defendants, Counterclaimants, and Appellants. Joseph H. SMITH and Sharon D. Smith, husband and wife, Third Party Plaintiffs and Appellants, v. Rudolph J. JAVERNICK, dba Javernick Construction Co., Third Party Defendant and Respondent. |
Vernon K. Smith, Boise, for defendants, counterclaimants, and appellants.
E. Don Copple, Boise, for plaintiff, counter-defendant, and respondent.
This case consists of two actions brought to foreclose labor and materialmen's liens on real property owned by the defendant appellants Smiths. The two liens were filed to secure claims by a general contractor, Javernick, and by a painting subcontractor, Bonney & Fine Painting, for money allegedly owing for material and labor used in construction of a custom built house for the defendant appellants Smiths. The district court entered judgment in favor of both plaintiffs and ordered foreclosure of the plaintiffs' labor and materialmen's liens. Defendant appellants Smiths appeal from the district court's judgment. We affirmed.
In April, 1975, plaintiff respondent Javernick was asked to submit a bid for a house for the Smiths to be built on land owned by the Smiths. Javernick was given blueprints of the home drafted by the Smiths' architect from which he was to make his bid. The Smiths also wanted built-ins, panelling, columns, exposed beams, and a stairway and bannister constructed from hardwood and modeled after finished woodwork located in two older homes in Boise, and Javernick was shown the exemplar wood detail work and given photos of it to enable him to make a bid price.
Javernick computed a contract price from the plans and exemplars he examined and forwarded the proposal to the Smiths in April, 1975. In September, 1975, the Smiths decided to have Javernick build the house for them. At this time Javernick was told of some alterations the Smiths wanted incorporated into the plans, including changes in flooring, carpeting, additional detail work in the kitchen and the sewing room, and some adjustments to the floor plan. Javernick took a copy of the list of changes and reworked his estimate. He presented the Smiths his final written bid in early October. A contract containing Javernick's bid price of $86,709.00 was executed by the parties on October 6, 1975.
As soon as construction began, the Smiths decided upon several major changes in the house plans. They ordered a third bay built for the garage, enlargement of the second floor of the house, addition of trim detail on the exterior, and increased size of the interior molding, and addition of a bay window for the office portion of the house. As construction progressed the Smiths, and principally Mrs. Smith, ordered many other changes and additional items for the house. Javernick proceeded to make these changes as they were proposed. When the house was nearly completed, Javernick presented the Smiths with a detailed statement of the work done. The statement credited the Smiths with the contract price of work deleted at the Smiths' request and charged them for that work Javernick asserted was not included in the original contract price. The statement credited the Smiths with progress payments made to date and left a balance due on the house of $33,906.11.
The Smiths claimed that most of the items listed in Javernick's statement as "extras" had been incorporated into the building contract via the list of addenda given to Javernick in September, 1975, or were included in the contract price as a result of either Javernick's inspection of the exemplars in the Warm Springs Avenue homes or by inference from the type of work specified in the original plans. The Smiths also asserted that the written contract between the parties had a requirement that any modifications to that contract were to be in writing. They contended that Javernick, by not requiring written change orders for additional work done upon the Smiths' request, had...
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