Law, Business and Society 11th Edition by Tony McAdams

Exercise 42

The Landes entered into a contract with Flynn, owner of Flynn Builders, to construct a new home for which Flynn had submitted a bid of $259,576. Construction began in May 2009. In early July, the Landes discovered that Flynn had not disclosed a $20,000 markup in a line item for "materials package." Although the markup did not increase the agreed-upon price, Landes refused to continue payments to Flynn, and construction halted. Flynn filed a mechanic's lien for approximately $28,000. Flynn testified that his job as general contractor were nearly completed at the time he left, with arrangements having been made with various subcontractors to complete the remaining work such as plumbing and drywall. Flynn's employee testified that Flynn had completed approximately 80 to 85 percent of the work before leaving the project. Should Flynn be able to enforce the mechanic's lien Decide. Explain. See Flynn Builders v. Landes, 814 N.W.2d 542 (La. 2012).