X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Historic Properties of America, LLC HPA and A. M. Helms Inc. entered into a construction agreement for the development of property located at 321 West Broughton Street in Savannah, Georgia. Helms hired Phillips, Inc. to provide flooring materials and labor for the project. Helms failed to pay Phillips in accordance with their agreement, and Phillips filed suit against Helms seeking payment of amounts owed and against HPA to perfect its materialman’s lien against the property.1 HPA filed a motion for summary judgment, contending that Phillips failed to provide it with proper notice of the lien as required by OCGA § 44-14-361.1 a 2. The trial court agreed that the notice to HPA, which was sent via facsimile transmission, was not authorized under the statute, and granted HPA’s motion for summary judgment. Phillips appeals. OCGA § 44-14-361.1 a 2 provides, in pertinent part, as follows: a To make good the liens specified in paragraphs 1 through 8 of subsection a of Code Section 44-14-361, they must be created and declared in accordance with the following provisions, and on failure of any of them the lien shall not be effective or enforceable: . . 2 . . . At the time of filing for record of his claim of lien, the lien claimant shall send a copy of the claim of lien by registered or certified mail or statutory overnight delivery to the owner of the property or contractor, as the agent of the owner. Emphasis supplied.

We agree with the trial court that this language is mandatory, clear and unequivocal. And, as Phillips recognizes in its brief on appeal, it has long been the rule that “Georgia’s materialmen’s lien law ‘should be dealt with according to the strictest rules of strict construction.’ Green v. Farrar Lumber Co. , 119 Ga. 30, 33 46 SE 62 1903.” U. S. Filter Distrib. Group v. Barnett , 273 Ga. 254, 255 538 SE2d 739 2000. However, citing Grubb v. Woodglenn Properties , 220 Ga. App. 902, 905 4 470 SE2d 455 1996, Phillips argues that this Court has previously allowed a “flexible” construction of the notice requirement found in OCGA § 44-14-361.1 a 2.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
May 01, 2025
Atlanta, GA

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.


Learn More
December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.


Learn More
February 24, 2025 - February 26, 2025
Las Vegas, NV

This conference aims to help insurers and litigators better manage complex claims and litigation.


Learn More

McCarter & English, LLP is actively seeking a litigation associate for its office located in Hartford, CT. One to three years of experie...


Apply Now ›

Borteck & Czapek, P.C., based in Florham Park, is a boutique estates and trusts law firm specializing in estate planning and administrat...


Apply Now ›

Gwinnett County State Court is seeking an attorney to assist the Judge by conducting a variety of legal research, analysis, and document pre...


Apply Now ›