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Capitol Materials Inc. v. JLB Buckhead LLC

The trial court erred in granting the defendant's motion for summary judgment in the plaintiff's in rem action against the defendant's construction project.

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This appeal arises from the trial court’s grant of summary judgment in favor of property owner, JLB Buckhead, LLC. The trial court found that Appellant Capitol Materials, Inc. Capitol, failed to timely file its Notice to Contractor in order to preserve its right to enforce a materialman’s lien against JLB Buckhead’s property and that the tardy filing was not excused by errors contained in JLB Buckhead’s Notice of Commencement. Because the Notice of Commencement did not substantially comply with OCGA § 44-14-361.5 b, Capitol’s failure to file its Notice to Contractor within the prescribed time was excused under OCGA § 44-14-361.5 d and Consolidated Pipe Supply Co. v. Genoa Constr. Svcs.1 Thus, we reverse.

A de novo standard of review applies to an appeal from a grant of summary judgment, and we view the evidence, and all reasonable conclusions and inferences drawn from it, in the light most favorable to the nonmovant.2

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