Following the trial court’s grant of summary judgment to Westchester Fire Insurance Company, Trench Shoring Services of Atlanta appeals, contending that the trial court erred by dismissing its action to foreclose on a bond which it issued to replace a materialman’s lien on certain real property. For the reasons set forth below, we affirm. Summary judgment is proper when there is no genuine issue of material fact and the movant is entitled to judgement 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 review the evidence, and all reasonable inferences and conclusions drawn from it, in the light most favorable to the nonmovant. Matjoulis v. Integon Gen. Ins. Corp. 1 The facts are undisputed. Pursuant to a contract with Campbell Brown Construction, LLC., a private contractor, Trench Shoring supplied equipment which was used to connect a sewer main in a public right-of-way to the newly established sewer system of a private residential subdivision which was under construction. The subdivision was owned by Portfolio Homes Development Company, LLC. The sewer construction in which the equipment provided by Trench Shoring was used took place wholly within the public right-of-way adjoining the residential development. No work was performed on the private residential property using the tools in question.
After the work on the sewer was completed, the private contractor failed to pay $17,414.25 owed to Trench Shoring to compensate it for use of the equipment. In compliance with the procedure required by OCGA § 44-14-361.1, Trench Shoring filed a lien against the private residential property, despite the fact that its equipment was used exclusively on the public right-of-way. Trench Shoring then filed suit against the contractor and obtained a judgement, which remains unsatisfied.