581 S.E.2d 389 | Ga. Ct. App. | 2003
Historic Properties of America, LLC (HPA) and A. M. Helms, Inc. entered into a construction agreement for the development of property located at 321 West Broughton Street in Savannah. Helms hired Phillips, Inc. to provide flooring materials and labor for the project. Helms failed to pay Phillips in accordance with their agreement, and Phillips filed suit against Helms seeking payment of amounts owed and against HPA to perfect its materialman’s lien against the property.
OCGA § 44-14-361.1 (a) (2) provides, in pertinent part, as follows:
(a) To make good the liens specified in paragraphs (1) through (8) of subsection (a) of Code Section 44-14-361, they must be created and declared in accordance with the following provisions, and on failure of any of them the lien shall not be effective or enforceable: . . . (2). . .At the time of filing for record of his claim of lien, the lien claimant shall send a copy of the claim of lien by registered or certified mail or statutory overnight delivery to the owner of the property or contractor, as the agent of the owner.
(Emphasis supplied.)
We agree with the trial court that this language is mandatory, clear, and unequivocal. And, as Phillips recognizes in its brief on appeal, it has long been the rule that “Georgia’s materialmen’s lien law ‘should be dealt with according to the strictest rules of strict construction.’ Green v. Farrar Lumber Co., 119 Ga. 30, 33 (46 SE 62) (1903).” U S. Filter Distrib. Group v. Barnett, 273 Ga. 254, 255 (538 SE2d 739) (2000). However, citing Grubb v. Woodglenn Properties, 220 Ga. App. 902, 905 (4) (470 SE2d 455) (1996), Phillips argues that this Court has previously allowed a “flexible” construction of the notice requirement found in OCGA § 44-14-361.1 (a) (2).
In Grubb, notice was given by personal service of a copy of the lien on the homeowner’s wife, and we deemed this notice sufficient
Judgment affirmed.
The trial court granted a default judgment against Helms.