Fidelity & Deposit Co. of Maryland v. Lafarge Building Materials, Inc.
312 Ga. App. 821
| Ga. Ct. App. | 2011Background
- Lafarge filed a materialman’s lien discharge bond action against Talbot Construction and Fidelity on materials Lafarge supplied to the Lake Shore Mall project.
- Talbot, as general contractor, timely filed a Notice of Commencement in May 2006, containing all required information except Talbot’s telephone number.
- Lafarge, contracted with Cline to supply materials, but did not send a Notice to Contractor as required by OCGA § 44-14-361.5 (a), (c).
- Cline failed to pay Lafarge; Lafarge obtained a final judgment against Cline for the project-related debt.
- In January 2008, Talbot and Fidelity recorded a lien-discharge bond; Lafarge sued on the bond.
- The trial court granted Lafarge partial summary judgment, holding that the missing telephone number in Talbot’s Notice of Commencement was fatal and rendered the statute inapplicable.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether missing contractor telephone triggers §44-14-361.5(d). | Lafarge argues the telephone omission is technical and does not void substantial compliance. | Talbot argues the absence of the telephone number renders the notice fatally defective under §361.5(d). | Omission is technical; substantial compliance; rest of statute remains applicable. |
Key Cases Cited
- Metromont Materials Corp. v. Cargill, Inc., 221 Ga. App. 853 (1996) ((substantial compliance not always required; focus on essential form elements))
- Roofing Supply of Atlanta, Inc. v. Forrest Homes, Inc., 279 Ga. App. 504 (2006) (indexing and notice requirements under lien statutes)
- General Electric Credit Corp. v. Brooks, 242 Ga. 109 (1978) (substantial compliance concepts and essential requirements)
- Melton v. Pac. S. Mortgage Trust, 241 Ga. 589 (1978) (application of substantial compliance in lien context)
- Cook v. NC Two, L. P., 289 Ga. 462 (2011) (notice requirements and constitutional dimensions context)
- Harris Ventures, Inc. v. Mallory & Evans, Inc., 291 Ga. App. 843 (2008) (substantial compliance considerations in notices)