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Corley Communications Inc. v. Northwinds Ctr. LP

A materialman's lien arising out of the installation of telephone, cable and data wiring on behalf of a lessee was unenforceable against the owner of the property.

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Siebel Systems, Inc. leased space in an office building from Northwinds Center, L.P., the building owner. Siebel hired Continental Communications, Inc. to install certain wiring in the office. Continental subcontracted the work to Corley Communications, Inc. Continental fired Corley before the work was finished. Corley sued Continental and Northwinds to recover for labor and materials. The question is whether Corley can enforce a materialman’s lien against Northwinds. The trial court answered this question in the negative and awarded partial summary judgment to Northwinds, on grounds that Corley did not install the wiring at the instance of Northwinds or anyone acting on behalf of Northwinds. We affirm.

Siebel contracted with Continental, and Continental subcontracted with Corley, for the installation of telephone, data, and cable wiring in the office space. Continental became dissatisfied with Corley’s work performance and ordered Corley to cease work before completion of the project.

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