703 S.E.2d 221
S.C.2010Background
- Earthscapes Unlimited, Inc. sued Richard and Ann Ulbrich and related lien claimants in 2006 for foreclosure of a mechanic's lien, breach of contract, and quantum meruit.
- Ulbrich contracted with J.E. Black Construction Co. to build their home; landscaping work by Earthscapes was to be included with a $30,000 landscaping/irrigation allowance.
- Earthscapes performed landscaping, irrigation, lighting, and later additional drainage, plants, and well installation; no written contract was ever memorialized for the landscaping work.
- Earthscapes billed $33,555; Ulbrich paid $3,270 and informed Earthscapes to seek payment from J.E. Black instead; a mechanic's lien was filed on January 18, 2006.
- Circuit court found a valid lien, treated the case as equitable, and awarded principal damages, pre-judgment interest, and costs; trial was uncontested by jury.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether circuit court had subject matter jurisdiction. | Ulbrich and co-defendants argue lack of license defense precludes enforcement. | Earthscapes contends liens and contract actions fall within circuit court’s jurisdiction. | Circuit court subject matter jurisdiction affirmed; affirmative licensing defense waived due to no plead. |
| Whether quantum meruit supports recovery. | Earthscapes conferred a benefit by performing landscaping and related work. | Ulbrich argues there was no express contract and no entitlement to quantum meruit. | Court upheld quantum meruit recovery; equity basis supports damages equivalent to the lien relief. |
| Whether there was an express contract and whether the mechanic's lien statutes apply. | Earthscapes alleges a contractual relationship implied by work performed and benefit conferred. | Ulbrich contends no enforceable contract due to license issues and lack of writing. | No need to decide contract or lien applicability since quantum meruit affirmed. |
| Whether the license requirement defeats assertion of the contract/mechanic's lien. | Earthscapes seeks enforcement notwithstanding license status. | Ulbrich asserts lack of licensed contractor status prohibits enforcement. | Affirmative defenses not pleaded; denial of Rule 59(e) motion affirmed; no license-based reversal. |
Key Cases Cited
- Skiba v. Gessner, 374 S.C. 208 (2007) (landscape prep without building work does not merit mechanic's lien protection)
- Madren v. Bradford, 378 S.C. 187 (Ct.App.2008) (affirmative defenses must be pled; Rule 15(b) permits conforming amendment)
- Costa and Sons Constr. Co. v. Long, 306 S.C. 465 (Ct.App.1991) (affirms pleading requirements for defenses)
- Whitehead v. State, 352 S.C. 215 (2002) (waiver of defenses when not properly pleaded)
- Johnson v. S.C. Dept. of Prob., Parole, & Pardon Servs., 372 S.C. 279 (2007) (definition and scope of subject matter jurisdiction)