Hughes Supply, Inc. Hughes furnished material and equipment to New South Electric, Inc. New South an electrical subcontractor that worked on a construction project on which Motel Construction Management Group MCM was the general contractor. After New South failed to pay Hughes for the materials, Hughes filed suit against New South and filed a materialman’s lien on the improved realty. MCM and its surety, Washington International Insurance Company WIIC, discharged the lien by filing a bond. Hughes obtained a judgment against New South and then filed suit against MCM and WIIC to recover on the lien release bond. In awarding summary judgment to Hughes, the trial court rejected MCM and WIIC’s argument that Hughes’s purported failure to fully comply with the notice requirement of the lien statute barred Hughes from recovering on the bond. After review, we affirm. This litigation arose from the vestiges of a construction project for a Comfort Inn in LaGrange. MCM engaged New South as its electrical subcontractor and paid New South for the electrical work. New South, however, failed to pay Hughes, its supplier. On October 4, 1999, Hughes filed a materialman’s lien in Troup County, the site of the Comfort Inn. On October 15, 1999, Hughes filed suit against New South in Lowndes County.1 Then, on October 26, 1999, Hughes filed a “Notice of Filing of Action for Claim on Mechanics’ and Materialmen’s Liens” in Troup County. Hughes’s notice of filing accurately cross-referenced the lien “recorded in the Office of the Clerk of the Superior Court of Troup County at Deed Book 863, Page 626,” properly identified the civil suit filed by Hughes against New South in Lowndes County, and correctly identified the current owner of the property as KSST Investments. The notice, however, contained what MCM and WIIC claim was an invalid or incomplete legal description of the underlying real property. To extricate the realty encumbered by Hughes’s lien, MCM and WIIC filed a lien release bond in Troup County that discharged Hughes’s lien.
Hughes obtained a judgment against New South then filed this action in Fulton County against MCM and WIIC to recover on the bond that discharged the lien. After MCM and WIIC contested the legal sufficiency of the notice of the action filed by Hughes in Troup County in October 1999, Hughes filed an amendment to that notice to include a reference to a specific recorded instrument in the chain of title of the realty against which Hughes had filed its lien.
