Frank Woods Const. Co., Inc. v. Randi
| Decision Date | 06 January 1986 |
| Docket Number | No. 71316,71316 |
| Citation | 177 Ga.App. 438,339 S.E.2d 406 |
| Parties | FRANK WOODS CONSTRUCTION COMPANY, INC. v. RANDI et al. |
| Court | Georgia Court of Appeals |
Robert M. Ray, Jr., Savannah, for appellant.
Michael J. Gannam, Savannah, for appellees.
Frank Woods Construction Company, Inc., brought an action entitled "Complaint to Foreclose Real Property and Complaint for Damages" against Vincent J. Randi, Elena Randi, and Allen Hendrix. Hendrix never answered, and appellant obtained a default judgment in the amount of $18,822.61 in liquidated damages and punitive damages in the sum of $49,166.66. The construction company brings this appeal from the grant of summary judgment in favor of the Randis.
The lawsuit was based in part upon a contract between Frank Woods Construction Co. and the Randis to construct a motel. The complaint alleged that $18,822.61 for work contracted for had not been paid, and that Frank Woods was seeking another $100,000 in damages for fraud and deceit.
The record shows that prior to construction the appellees leased the property upon which the motel was to be built from Hendrix, and that the lease contained an option to purchase. Subsequent to the institution of this lawsuit appellees did, in fact, purchase the property. The fraud and deceit claim is based upon Frank Woods' contention that the Randis misrepresented the ownership of the property.
1. OCGA § 44-14-361.1 sets forth the requirements for the creation of materialmen's liens. Section (a) provides: "[T]hey 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." Paragraph (3) requires "commencement of an action for the recovery of the amount of his claim within 12 months from the time the same shall become due"; and "In addition, at the time of filing such action, the party claiming the lien shall file a notice with the clerk of the superior court of the county wherein the subject lien was filed." This paragraph goes on to specify the notice requirements. No notice was given in the instant case.
Filing notice is a prerequisite to enforcement of a lien. Newton Lumber etc. v. Crumbley, 161 Ga.App. 741, 290 S.E.2d 114 (1982); Statham Machinery & Equip. Co. v. Howard Constr. Co., 160 Ga.App. 466, 287 S.E.2d 249 (1981). Moreover, there can be no enforceable lien in the absence of a contractual relationship between the property owner and the person to whom the materials were furnished. Ben Hill Ready Mix Concrete Co. v. Prather, 160 Ga.App. 149, 286 S.E.2d 481 (1981). Assuming without deciding that the complaint failed to state a cause of...
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...to plaintiffs' contract claim). See also Cox v. Edelson, 243 Ga.App. 5, 7-8(1), 530 S.E.2d 250 (2000); Frank Woods Constr. Co. v. Randi, 177 Ga.App. 438, 439(2), 339 S.E.2d 406 (1986). Judgment affirmed in part and reversed in RUFFIN, P.J., and ANDREWS, J., concur. 1. The loan also was secu......
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Georgiacarry.Org, Inc. v. City of Roswell
...merits of his claim and the opportunity to meet and attempt to controvert the assertions against him); Frank Woods Constr. Co. v. Randi, 177 Ga.App. 438, 439(2), 339 S.E.2d 406 (1986) (where the defendants filed a motion for partial summary judgment, the trial court erred in granting summar......
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Beall v. F.H.H. Const., Inc., s. A89A1455
...FHHCI file notice of its in personam action to recover against Beall on the underlying indebtedness. See Frank Woods Constr. Co. v. Randi, 177 Ga.App. 438(1), 339 S.E.2d 406 (1986). The notice requirement of OCGA § 44-14-361.1(a)(3) applies "whether the 'recovery of the amount of [the mater......
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