Lien on Me

July 3, 2014

Alan Ritchey Materials Co., a construction materials supplier, contracted to supply  materials to make concrete for a subdivision development.  Ritchey provided the general contractor with over $100,000 worth of sand, but was never paid, so it filed a materialman’s lien on the property.  The property owner argued that the lien was not proper because more sand was delivered to the project than was required to complete the job and, as a result, under the statute, Ritchey could not prove that it “furnished goods . . . for a specific job.”  However, the Court found, among other things, that the evidence in this case established that the sand was delivered to the general contractor in connection with project and, given the liberal interpretation courts have given to the lien statute, the fact that some materials may not have been used is irrelevant to the analysis.

Addison Urban Development Partners, LLC v. Alan Ritchey Materials Co.