Brownstein v. Rhomberg-Haglin & Associates, Inc.

824 S.W.2d 13, 1992 Mo. LEXIS 3, 1992 WL 12576
CourtSupreme Court of Missouri
DecidedJanuary 28, 1992
Docket73639
StatusPublished
Cited by35 cases

This text of 824 S.W.2d 13 (Brownstein v. Rhomberg-Haglin & Associates, Inc.) is published on Counsel Stack Legal Research, covering Supreme Court of Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Brownstein v. Rhomberg-Haglin & Associates, Inc., 824 S.W.2d 13, 1992 Mo. LEXIS 3, 1992 WL 12576 (Mo. 1992).

Opinions

RENDLEN, Judge.

Transferred after opinion in the court of appeals, this case requires construction of § 429.015, RSMo 1978, the Architectural Lien Statute. We affirm.

The dispositive facts found principally in the parties’ stipulation are these: In May 1982, defendant Rhomberg-Haglin (Rhom-berg) contracted to purchase a building at 801-805 North Second Street, then known as the “Levee Building” and later as the “Trader’s Building” (Building), from Mil-Cliff Corporation (Mil-Cliff). On July 26, plaintiff and Rhomberg executed a “Standard Form Agreement Between Owner and Architect” (Agreement) in which plaintiff, d/b/a Brownstein Associates, a licensed architectural firm, agreed to provide architectural services for the building’s rehabilitation and three days later plaintiff was instructed to prepare “as-built” drawings for the project.1

When the land sale was closed January 3, 1983, Rhomberg took Mil-Cliff’s quitclaim deed to the property. Three security instruments, all filed January 4, were employed to provide financing for the purchase: 1) a deed of trust securing payment of $188,278.30 to Mark Twain Parkway Bank (Mark Twain); 2) a $75,500.00 deed of trust to Mil-Cliff; and 3) a $75,000 deed of trust to Arthur Muskin (Muskin), a St. Louis businessman, who agreed to guarantee the deed of trust of Mark Twain Parkway in exchange for a fee of $87,500.00. The same day, Rhomberg directed plaintiff to proceed with the described architectural work under the agreement, which provided the price for plaintiff’s services would be five percent (5%) of the estimated construction cost. The cost estimate, as determined by the selected general contractor, C. Rallo Contracting Co. (Rallo), Inc., was declared to be $2,107,937.00 on May 6, 1983, establishing plaintiff’s fee at $105,000.00 plus. Rhomberg was to pay that fee by monthly installments but, in early 1983, halted payment and on May 5, plaintiff filed his architect’s lien with the clerk of the St. Louis City Circuit Court.2

Thereafter Mark Twain assigned its note followed by the deed of trust to Muskin and on August 25, Muskin foreclosed, purchasing the property himself at the foreclosure sale.3

Intending to redo the building, Muskin at first examined the possibility of employing plaintiff and his architectural drawings but found that plaintiff’s services were “packaged” or linked to Rallo as the designated general contractor. Muskin determined [15]*15that Rallo’s estimates were high and, looking elsewhere, retained Luer-Pope & Associates (Luer-Pope) to prepare preliminary drawings for the project. Sometime during the late 1970’s, Luer-Pope had done certain preliminary work hoping to be employed by the then owners of the building; however, this anticipated arrangement failed to materialize and that early work was shelved.

Muskin conveyed the property August 1, 1985, to the Planned Industrial Expansion Authority (PIE) of St. Louis, which immediately transferred to Trader’s Redevelopment Corporation, a company owned by Trader’s Partnership. Muskin, a general partner of the latter and president of Trader’s Redevelopment Corporation, promptly contracted with Luer-Pope to develop drawings for the building, which was eventually rehabilitated under plans they submitted. Neither Rallo nor Rhomberg was involved.

Plaintiff petitioned to enforce his architect’s lien on November 2, 1983, and, during the trial, five years hence, only three witnesses, the plaintiff, Muskin and Jack Luer of Luer-Pope were called. On January 29, 1990, Judgment in favor of defendants on all counts was entered in which the trial court found that “[n]o actual construction, repair or improvement was undertaken utilizing [the] plans [prepared by plaintiff],” and that plaintiff’s architectural lien could, not attach under § 429.015, RSMo 1978; further, that plaintiff’s lien failed because he had failed to contract with the owner of the land when agreeing to provide architectural services, and, finally, the foreclosure sale on Mark Twain Parkway Bank’s deed of trust had extinguished plaintiff’s lien.

In this bench tried case, we must sustain the judgment unless there is no substantial evidence to support it, or it is against the weight of the evidence or it erroneously declares or misapplies the law. Murphy v. Carron, 536 S.W.2d 30, 32 (Mo. banc 1976).

Plaintiff first attacks the trial court’s holding that a lien may not attach unless architectural services were utilized in the actual construction or improvement of the property, a question of first impression for Missouri courts. Section 429.-015.1, RSMo 19784 in pertinent part provides:

Every registered architect... .who does any architectural... .work upon or performs any architectural_service directly connected with the erection or repair of any building or other improvement upon land under or by virtue of any contract with the owner or proprietor thereof, or his agent, trustee, contractor or subcontractor, upon complying with the provisions of this chapter, shall have for his architectural... .work or service so done or performed, a lien upon the building or other improvements and upon the land belonging to the owner or proprietor on which the building or improvements are situated, to the extent of one acre.

(Emphasis added.)

We are mindful that statutory-liens of this sort are remedial, to be construed liberally in the favor of the lien claimant, Maran-Cooke, Inc. v. Purler Excavating, Inc., 585 S.W.2d 38, 40 (Mo. banc 1979); however, the primary rule of statutory construction is to ascertain the legislative intent from the statute’s language, to give effect to that intent if possible, consider the words in their plain and ordinary meaning, Wolff Shoe Company v. Director of Revenue, 762 S.W.2d 29, 31 (Mo. banc 1988), and when the language is unambiguous, we are afforded no room for construction. Id., 762 S.W.2d at 31.

While this is the first opportunity for appellate review of § 429.015.1’s phrase “directly connected,” “direct” is an oft examined term. It has been described as a synonym for “proximate.” John Drennon & Sons Company v. New Hampshire Insurance Company, 637 S.W.2d 339, 341 (Mo.App.1982). A “direct” cause of an event is that which in a natural and contin[16]*16uous sequence, unbroken by any new cause, produces the event and without which the event would not have occurred. Id. To hold that § 429.015.1 allows an architectural lien to attach where the services of an architect are not employed in “erection or repair of any building or other improvement” would fly against the plain meaning of the statute’s terms.

As demonstrated by Maran-Cooke, Inc., supra, the words of the statute are controlling and, refusing to restrict the term “registered professional engineer” as applying only to individuals, we determined the statute required that engineering corporations too must register to qualify for the benefits of the lien statute, id.; this because the legislative mandate overrode equitable principles that might point to a different result. Id.,

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Bluebook (online)
824 S.W.2d 13, 1992 Mo. LEXIS 3, 1992 WL 12576, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brownstein-v-rhomberg-haglin-associates-inc-mo-1992.