I. Cox Constr. Co. v. CH2 Invs., LLC

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In 2009, Respondents hired a construction company (Company) to construct a shooting range. Respondents paid Company's bills as the construction continued through the summer and fall. By September, Company had billed $48,810. Respondents paid $46,000 by October but then refused to pay anything further. Soon thereafter, Company quit the project, which was largely finished. The range opened for business soon after. At the end of the year, Respondents installed soundproofing to the building. In March 2010, Company recorded its mechanics lien. In August, Company filed a complaint against Respondents seeking to recover $40,000 in damages and costs. The district court held the lien was not timely and was therefore frivolous and ordered the lien released, ruling that the "work of improvement" of constructing the shooting range concluded more than ninety days before Company filed the lien. At issue on appeal was whether the soundproofing constituted a "work of improvement." The Supreme Court affirmed, holding that the district court did not clearly err in finding that the soundproofing was not within the scope of the "work of improvement" or finding that the lien was untimely and frivolous. View "I. Cox Constr. Co. v. CH2 Invs., LLC" on Justia Law