These companion cases arise from a dispute between plaintiff-appellant Dan J. Sheehan Company “Sheehan” and defendants-appellees The Fairlawn on Jones Homeowners Association, Inc., “Homeowners’ Association” and the individual owners of units in a Savannah condominium complex “unit owners” involving Sheehan’s attempts to recover $95,609.36 for repair work it performed on stucco, windows, and wooden beams and struts at the condominium complex. Sheehan filed liens and a lawsuit against the unit owners and the Homeowners’ Association, alleging breach of contract, suit on account, promissory estoppel, unjust enrichment, and foreclosure of liens, and seeking prejudgment interest, attorney fees, and litigation costs. In Case No. A11A1030, Sheehan appeals from the trial court’s denial of its motion for partial summary judgment on its foreclosure of lien claims against all defendants and from the trial court’s grant of the unit owners’1 cross-motion for partial summary judgment as to the lien foreclosure claims and Sheehan’s additional claim of unjust enrichment. In Case No. A11A1315, Sheehan appeals from the trial court’s partial grant of the unit owners’ motion to recover attorney fees and costs. Finding no error in Case No. A11A1030, we affirm. Finding error in Case No. A11A1315, we reverse, and vacate and remand the attorney fees order for further consideration by the trial court. Summary judgment is appropriate if the pleadings and evidence show no genuine issue as to any material fact, and that the moving party is entitled to judgment as a matter of law.2 On appeal from the grant or denial of summary judgment, an appellate court conducts a de novo review, construing all reasonable inferences in the light most favorable to the nonmoving party.3
So viewed, the record shows that Fairlawn on Jones “Fairlawn” is a four-building condominium complex in Savannah. Sheehan performed stucco repair work on some parts of the complex, then later apparently discovered interior water and termite damage that had destroyed wooden support beams and studs in some units, necessitating more repairs than initially contemplated. Sheehan billed the Homeowners’ Association via invoices addressed to its president, Robert F. Gribben, for labor, supplies and equipment used for repairs at Fairlawn. Alleging that it had not been paid, Sheehan filed materialman’s and contractor’s liens against the Homeowners’ Association and its property; the unit owners and their respective units; the Gribbens and their unit; and the related common areas of the complex. Sheehan then filed suit in the Superior Court of Chatham County on April 15, 2009, and on May 4, 2009, filed notices of suit, which are required under Georgia’s lien statute, OCGA §44-14-360 et seq. On March 25, 2010, Sheehan moved for partial summary judgment and the unit owners filed a cross-motion for partial summary judgment.
