In an action for foreclosure on a materialman’s lien, Southeast Culvert, Inc. “Southeast”, a building materials supplier, appeals from the trial court’s grant of summary judgment to Hardin Brothers, LLC “Hardin”, a property owner and general contractor. Specifically, Southeast contends that the trial court erred by 1 improperly applying OCGA § 44-14-361.5, and 2 overlooking a factual dispute in the record. Discerning no error, we affirm. Summary judgment is proper when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law. OCGA § 9-11-56 c. 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.1 So viewed, the record shows that in April 2007, Hardin obtained a land disturbance permit for a construction project in Forsyth County. In May 2007, Hardin hired Sterling Concepts Grading, Inc. “Sterling”, to perform clearing, grading, and underground pipe installation. At the same time, Sterling subcontracted with Cousins Excavation, LLC “Cousins”, to complete the pipe installation.2 Southeast supplied piping materials to Cousins, with its first delivery occurring on June 5, 2007, and Cousins began work at the site on or around that date. In June 2007, Southeast invoiced Cousins for $48,912.70 worth of material Southeast had delivered. On June 28, 2007, Hardin filed a Notice of Commencement pursuant to OCGA § 44-14-361.5 b.
In October 2007, Southeast received its first payment of $10,000 from Cousins toward the June 2007 invoice. In December 2007, Southeast delivered more materials to the site and received additional partial payment from Cousins toward the June invoice. By March 2008, Cousins’s outstanding balance was $32,122.66, and on June 12, 2008, Southeast filed a materialman’s claim of lien beginning in March 2008 for the outstanding balance pursuant to OCGA § 44-14-361.5. Southeast never filed a Notice to Contractor.
