Massey Asphalt Paving, Inc. v. Lee Land Development, Inc., 203 So. 3d 1271

Massey Asphalt Paving, Inc. contracted to supply materials and perform paving at two Lee Land properties and sued when unpaid; Massey sought a materialman’s lien and money damages.
Massey filed a verified statement of lien in probate court on November 12, 2008; Massey sought enforcement in circuit court and obtained a $35,000 money judgment but not a lien.
Massey performed work and invoiced Lee Land in December 2007 and again in early April 2008; Lee Land paid some amounts but disputed the balance and measurements of work.
Measurements taken in October 2008 showed Massey provided more materials than billed; shortly thereafter Massey performed limited corrective/warranty work (apparently unpaid and not billed).
The trial court found Massey’s last compensable work and materials were provided by April 2008, making the November 12, 2008 lien statement untimely under Ala. Code § 35-11-215, and the action to enforce the lien untimely under § 35-11-221.
The court concluded corrective/warranty work did not extend the statutory filing or enforcement deadlines and affirmed the judgment denying lien enforcement.

Issue	Massey’s Argument	Lee Land’s Argument	Held
Whether corrective/warranty work performed after initial completion resets the six-month filing period for a statement of lien under § 35-11-215	The corrective work was the “last item of work/material,” so filing within six months of that work was timely	The “last item” occurred upon initial completion (April 2008); later warranty work does not extend the filing period	Corrective/warranty work does not extend the § 35-11-215 six-month filing period; the last item occurred by April 2008, so the November 2008 filing was untimely
Whether Massey’s enforcement action was timely under § 35-11-221 (commence within six months after maturity of entire indebtedness)	Massey argued measurement adjustments and expectation of additional compensation after October 2008 meant indebtedness matured later	The debt matured when Massey issued its final invoice(s) in April 2008 and was due and payable then	The indebtedness matured by April 2008; Massey’s enforcement action was commenced too late under § 35-11-221

Water Works & Sanitary Sewer Bd. v. Parks, 977 So.2d 440 (Ala. 2007) (ore tenus presumption for trial-court factual findings)
C & S Family Credit of Alabama, Inc. v. McNairy, 613 So.2d 1232 (Ala. 1992) (timeliness of lien filing and maturity of debt governed by ore tenus rule)
Bettinger v. Stephens Wholesale Bldg. Supply Co., 487 So.2d 1369 (Ala. Civ. App. 1986) (materialman lien purpose and scope)
Home Fed. Sav. & Loan Ass’n v. Williams, 158 So.2d 678 (Ala. 1963) (debt is mature when it accrues and is due)
Sam Rodgers Props., Inc. v. Chmura, 61 So.3d 432 (Fla. Dist. Ct. App. 2011) (warranty/remedial work does not extend lien-filing period)
Tym v. Ludwig, 538 N.W.2d 600 (Wis. Ct. App. 1995) (time for filing measured from original installation, not later repairs)