Mr. and Mrs. Caldwell entered into a contract with a builder for the purpose of building a new house. The total amount due the builder was $300,000. The contract provided that it was the builder’s responsibility to retain and pay for the materials that were to be used. When the project was completed the Caldwells paid the builder in full. Several weeks later it was discovered that one of the material suppliers who was owed $25,000 had not been paid by the builder, and the builder had left the jurisdiction and could not be found. Which of the following is a remedy available to the material supplier?
A. File a mechanic’s lien on the Caldwells’ new house and sue the builder for breach of contract
B. Garnish the wages of the Caldwells and sue the builder for breach of contract
C. Repossess any non exempt property that was owned by the Caldwells.
D. Sue the builder for breach of contract, the Caldwells’ already paid.
Answer: A. File a mechanic’s lien on the Caldwells’ new house and sue the builder for breach of contract
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