Successfully Achieved Cancellation of Material Supplier’s Lien

Successfully achieved cancellation of material supplier’s lien on the property of their client, a national homebuilder, based on anti-assignment language in contract. The homebuilder’s contract specifically prohibited a subcontractor from assigning work to a sub-subcontractor without the homebuilder’s specific written approval. Despite this provision, the homebuilder’s subcontractor hired a sub-subcontractor without the homebuilder’s approval, and the sub-subcontractor subsequently failed to pay a material’s supplier for concrete. The supplier liened the property. Relying on the contract’s anti-assignment language, the Forsyth County Superior Court invalidated the supplier’s lien because the homebuilder never approved the sub-subcontractor who contracted for the materials. The Court also sanctioned the supplier $3,300 for discovery abuses.

 

Categories

Recent Posts

NBI Seminar Featuring Covington Now Available On Demand

Simon and Ellie Bloom Host 19th Pig Gig

Bloom Parham Welcomes Sean C. Ryan

Bloom Parham attorneys teach Continuing Legal Education Seminars

What are the effects of the Coronavirus Pandemic on my Sales Contracts