Robertson v. Ridge Envtl. LLC

The defendant perfected its liens against the property owner petitioners when it filed counterclaims within the statutory period to recover the debts at issue against the contractor in a separate action.

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These related appeals stem from three petitions for declaratory judgments filed by Clay Robertson, G. Edward Robertson, Jr., and C & H Quality Products, Inc., collectively “the Petitioners”, asking the trial court to declare unenforceable certain mechanics liens filed by Ridge Environmental LLC against property owned by the three Petitioners. The petitions alleged that Ridge had failed to commence an action to collect the liens within the applicable statutory period, rendering the liens unenforceable. The trial court dismissed the petitions, and we now affirm for the reasons that follow.

The record shows that Ridge filed seven claims of lien against the Petitioners’ property on December 21, 2005, for work related to clearing the Petitioners’ property.1 In the claim of lien filed against Clay Robertson’s property, Ridge stated that the lien was claimed “as satisfaction of a claim which became due and payable on November 11, 2005, for materials furnished at the request of Clay Robertson.” In the three claims of lien filed against Edward Robertson Jr.’s properties, Ridge stated that the liens were claimed “as satisfaction of a claim which became due and payable on November 11, 2005, for materials furnished at the request of Clay Robertson and G. Edward Robertson, Jr.” And in the three claims of lien filed against C & H’s properties, Ridge stated that the liens were claimed “as satisfaction of a claim which became due and payable on November 11, 2005, for materials furnished at the request of Clay Robertson and C & H Quality Homes, Inc.” Each claim of lien stated the amount claimed against each owner and listed a description of the property at issue.

Robertson v. Ridge Envtl. LLC

The defendant perfected its liens against the property owner petitioners when it filed counterclaims within the statutory period to recover the debts at issue against the contractor in a separate action.

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