January 28, 2010

Court reviews whether property owner is protected against a remote material supplier's lien

E. W. STEWART LUMBER CO., D/B/A STEWART BUILDER SUPPLY v. MEREDITH CLARK & ASSOCIATES, LLC AND LEROY Tenn.Ct.App. January 28, 2010)

Supplier of building materials filed materialman's lien on property after contractor failed to pay for materials provided for building a house on the property. On cross motions for summary judgment, the trial court struck down liens the supplier had filed against the subject property and dismissed the supplier's action; supplier appeals. Finding error, we reverse and remand to the trial court for further proceedings.

The full text of this opinion may be found on the TBA website at:
http://www.tba2.org/tba_files/TCA/2010/stewart_012910.pdf