Martino v. Arfaa, 1795, September Term, 2004.

• Decision Date: 06 September 2006
• Docket Number: No. 1795, September Term, 2004.,1795, September Term, 2004.
• Citation: 169 Md. App. 692,906 A.2d 945
• Parties: Christopher MARTINO, d/b/a Do-It-All Construction, Inc. v. Manoochehr ARFAA, et ux.
• Court: Court of Special Appeals of Maryland

Page 945

906 A.2d 945

169 Md. App. 692

Christopher MARTINO, d/b/a Do-It-All Construction, Inc. v. Manoochehr ARFAA, et ux.

No. 1795, September Term, 2004.

Court of Special Appeals of Maryland.

September 6, 2006.

Allan A. Noble (James K. Smith, on brief), Bethesda, for appellant.

Dottie Ferris Arfaa, Bel Air, for appellee.

Panel HOLLANDER, KRAUSER and MEREDITH, JJ.

MEREDITH, J.

In this mechanic's lien case, we conclude that the petitioner's description of the subject building in the petition to establish a mechanic's lien was legally adequate to survive a motion to dismiss. The petition at issue here was filed in the Circuit Court for Harford County by Christopher Martino, d/b/a Do-it-All Construction, Inc. ("Martino"), the appellant, seeking to establish a mechanic's lien against "the property located at 2310 Cullum Road, Bel Air, Maryland 21015-6539" for renovations and repairs Martino had performed there as a subcontractor. The property is owned by Manoochehr and Dottie Ferris Arfaa, the appellees, and the work performed by Martino on the Arfaas' property was done exclusively on their fire-damaged home.

Based upon the Arfaas' answer to Martino's petition, the circuit court dismissed the petition, concluding that the petition failed to include "a description adequate to identify the building," as required by Maryland Code (1974, 2003 Repl.Vol.), Real Property Article ("RP"), § 9-105(a)(1)(iv). Because Martino was by that point beyond the time for filing a new lien claim pursuant to RP § 9-105(a), the circuit court further concluded that the subcontractor could not supplement the building description by amending the petition pursuant to Maryland Rule 12-303, and consequently, it was the opinion of the circuit court that "the petition to establish a mechanic's lien should be dismissed as a matter of law." Because we disagree that Martino's description of the building was insufficient to satisfy the pleading requirements of RP § 9-105, we shall vacate the judgment of the circuit court and remand the case for further proceedings.

Facts and Procedural Background

Dr. and Mrs. Arfaa own a residential property that has a street address of "2310 Cullum Road," in Bel Air, Harford County, Maryland. According to a print-out from the on-line records of the Maryland State Department of Assessments and Taxation ("SDAT"), a copy of which was attached as an exhibit to Martino's petition, the Arfaas' property has a mailing address of 2310 Cullum Rd, Bel Air MD 21015-6539. The SDAT print-out provides the following additional details regarding the subject property. The property was acquired by a deed dated 08/23/1985, having a recording reference of [Liber]1283/[folio]283. The property consists of 73.77 acres of land, and appears on tax map 57, grid 2E, as parcel 50. The property is improved by a primary structure, which, as of the then most recent update of the assessment records, was a two-story brick building built in 1920, having 4,552 square feet of enclosed space. The print-out made no mention of any accessory structures or additional buildings on the parcel of property.

On August 21, 2002, the Arfaas' house at 2310 Cullum Road was damaged by fire. The Arfaas hired Belfor USA Group, Inc. (not a party to this case) to oversee the repairs and renovations that were planned for their property. As the Arfaas' general contractor, Belfor entered into a contract with the Keith Parker Construction Company (not a party to this case) to perform the repair and renovation work. Parker Construction hired Martino as a subcontractor to perform a substantial portion of the renovation work on the 2310 Cullum Road house.

As of July 18, 2003, Martino had completed approximately nine weeks of work on the Arfaas' property. According to Martino's petition, the work performed by his company as a subcontractor "included extensive demolition work, reconstruction of numerous walls and rooms, framing of windows, framing of doorways, hallways, framing of chimney, construction of walls, installation of roof trusses, furring of hardwood floors, install[ation of] subflooring, construction of exterior walls, construction of dormers, installation of skylights, etc." Martino invoiced Parker $93,145 for work and materials, but was paid only $23,650, which covered only the first three weeks of work and left an unpaid balance due Martino in the amount of $69,495.

On October 7, 2003, as required by RP § 9-104, Martino served the Arfaas with a notice of Martino's intention to claim a lien in the amount of $69,495. Attached to the notice were copies of invoices addressed to "Keith Parker Construction," totaling $69,495. Although the invoices varied by week number and amount, they were otherwise identical in form and content. They stated:

This is an invoice for week [number] of demolition and rehabilitations on Dr. ARFAA's [sic] Home!

There is a list of things that were done this past week, and the amount for the invoice.

The amount for this invoice is [amount].

See pages attached!

On December 29, 2003, within 180 days after the last day Martino performed work on the Arfaas' property, Martino filed in the Circuit Court for Harford County a petition to establish a mechanic's lien. The petition stated, in part:

NOW COMES the petitioner, Christopher Martino, d/b/a Do-It-All Construction, Inc . . . .and hereby petitions the Court to establish a mechanic's lien on the property located at 2310 Cullum Road, Bel Air, Maryland 21015, pursuant to Md.Code, Real Property, § 9-105 (2003). In support of this petition, the Petitioner hereby avers that the following facts are true to the best of his knowledge:

1. The property located in Harford County at 2310 Cullum Road, Bel Air, Maryland 21015-6539 is owned by Dr. Manoochehr Arfaa and Mrs. Dottie Arfaa (hereinafter referred to as "the Arfaas"). (See Exhibit A [the print-out from the records of SDAT]).

2. This property is further identified as Map 57, Grid 2E, Parcel 50 by the Maryland Department of Taxation and Assessments. (Id.).

3. The property owned by the Arfaas is under renovation as a result of an insurance loss. . . .

* * *

7. Work was completed by [appellant] on or about July 18, 2003, and this Petition is timely filed in accordance with Md.Code, Real Property, § 9-105 (2003).

* * *

10. The work performed by [appellant] included extensive demolition work, reconstruction of numerous walls and rooms, framing of windows, framing of doorways, hallways framing of chimney, construction of walls, installation of roof trusses, furring of hardwood floors, installed subflooring, construction of exterior walls, construction of dormers, installation of skylights, etc. (See Exhibit B; see also Exhibit C, Photographs of work in progress).

* * *

12. A copy of the Notice to Owner or Owner's Agent of Intention to Claim an [sic] Lien . . . is attached hereto as Exhibit B. Additionally, evidence of the service by certified mail on the named property owner is included in Exhibit B. Additionally, a copy of the Notice was posted on the property in accordance with Md.Code, Real Property, § 9-104 (2003). . . .

* * *

WHEREFORE, Petitioner respectfully requests that this Court impose a mechanic's lien in the amount of $69,495.00 on the property located at 2310 Cullum Road, Bel Air, Maryland 21015-6539 located in Harford County, Maryland.

Attached to the petition was the Maryland SDAT record describing the property, an affidavit of Martino, the notice to the Arfaas of the subcontractor's intention to claim a lien, construction notes, invoices, and change orders. Exhibit C to the petition consisted of 47 pages of photocopies of photographs of the building in various stages of construction. There were three photographs on each page, i.e., 141 photographs in all. The photographs depicted several views of the structure, and, as a group, show a very substantial — and possibly unique — home with distinctive architectural features such as very large columns, or pillars, at one facade.

On February 4, 2004, the Arfaas filed an answer to the petition, in which they denied having hired Martino, and further asserted that they had paid Belfor for any work claimed by Martino. In their answer, the Arfaas emphasized: "Dr. and Mrs. Arfaa are NOT in control of the business practices between Belfor USA/Inrecon and their subcontractors. If the Petitioner was not paid by Keith Parker Construction Company, it has NO association with Dr. and Mrs. Arfaa's bona fide purchases of the value of the work completed at their property where they hold legal title." (Emphasis in original.) The Arfaas also attached to their answer a number of exhibits regarding their contractual relationship with Belfor.

On many of the exhibits attached by the Arfaas, their mailing address appears to be "2310 Cullum Rd., Bel Air, Md. 21015." Moreover, one of the exhibits, the work authorization for Belfor to proceed with the repairs, includes this reference to the subject property: "[The Arfaas] represent[] that []they are owners of . . . the hereinafter specified property . . . and hereby authorize and direct Belfor USA Group, Inc. (`Contractor') to provide all labor, equipment and materials required to properly repair the specified real property, contents or structure commonly known as: 2310 Cullum Rd., Bel Air, MD. 21015." In other exhibits attached by the Arfaas, including correspondence from Dr. Arfaa to Belfor, the renovation project is referred to as "Job: 2310 Cullum Road, Bel Air, MD."

The exhibits attached to the Arfaas' answer also indicate that the Arfaas paid Belfor in excess of the amount claimed by Martino subsequent to October 7, 2003, the date Martino served the Arfaas with notice of Martino's intent to claim a lien. Indeed, Dr. Arfaa's letter to Belfor dated January 7, 2004, not only enclosed a progress payment of $50,000, but also advised Belfor that the Arfaas had been served with Martino's petition, and disclaimed any "responsibility to pay...