Dobson v. Portrait Homes, Inc.

2005 WY 95, 117 P.3d 1200, 2005 Wyo. LEXIS 114, 2005 WL 1959166
CourtWyoming Supreme Court
DecidedAugust 17, 2005
Docket04-226
StatusPublished
Cited by9 cases

This text of 2005 WY 95 (Dobson v. Portrait Homes, Inc.) is published on Counsel Stack Legal Research, covering Wyoming Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Dobson v. Portrait Homes, Inc., 2005 WY 95, 117 P.3d 1200, 2005 Wyo. LEXIS 114, 2005 WL 1959166 (Wyo. 2005).

Opinions

VOIGT, Justice.

[¶ 1] In a controversy between an owner/contractor and a claimed materialman, the district court granted judgment to the owner/contractor on the ground that the claimed materialman did not have a valid lien, and that the owner/contractor had paid the disputed amount under economic duress. We reverse.

ISSUES

[¶2] The parties have identified numerous issues. We find the dispositive issues to be as follows:

1. Did the parties reach an enforceable compromise and settlement?

2. Did the owner/contractor participate in the purported compromise and settlement as the result of economic duress?

RELEVANT STATUTES

[¶ 3] This case revolves around the statutes creating a materialman’s lien. The relevant portions of Wyo. Stat. Ann. §§ 29-1-301, et seq., and 29-2-101, et seq. (LexisNexis 2005) provide as follows:

§ 29-1-310. Bond to satisfy lien; terms of bond; filing and effect thereof; action upon bond.
(a) Any lien created pursuant to Title 29 filed against any property, personalty or realty is satisfied if the owner of the prop[1202]*1202erty, a contractor or subcontractor has filed a corporate surety bond, letter of credit, cash or cash equivalent of established value approved by the district court in the county where the lien was filed in an amount equal to one and one-half (1½) times the amount of the lien.
[[Image here]]
(e) Upon the filing of the bond, the lien against the property shall be forthwith discharged and released in full, and the security described in subsection (a) of this section shall be substituted. The clerk of court shall issue a notice of satisfaction of lien which the owner, contractor or subcontractor may file in the office of the county clerk where the lien was filed which shall show that the hen has been satisfied.
(f) A lien claimant whose lien has been satisfied by the substitution of the security described in subsection (a) of this section may bring an action upon the bond or undertaking. The action shall be commenced within the time allowed for the commencement of an action to foreclose the lien.
§ 29-1-311. False or frivolous liens; damages; penalties.
[[Image here]]
(b) Any person whose real or personal property is subject to a recorded claim of lien who believes ... that the person claiming the lien knew at the time of filing the lien was groundless ... may petition the district court of the county in which the claim of lien has been recorded for the relief provided in this subsection.... Upon the filing of the petition the following shall apply:
(i)The court may enter its order, which may be granted ex parte, directing the person claiming the lien to appear before the court at a time no earlier than six (6) nor later than fifteen (15) days following the date of service of the petition and order on the person claiming the lien, and show cause, if any, why the relief provided in this subsection should not be granted;
[[Image here]]
(iv) If, following a hearing on the matter the court determines that ... the person claiming the lien knew at the time of filing the lien was groundless ... the court shall issue an order striking and releasing the claim of lien and awarding damages of one thousand dollars ($1,000.00) or actual damages, whichever is greater, costs and reasonable attorney’s fees to the petitioner to be paid by the person claiming the lien[.]
§ 29-2-101. Persons entitled to liens; extent of lien on realty; exceptions.
(a) Except as provided in W.S. 29-2-111, every person performing any work on or furnishing any materials or plans for any building or any improvement upon land shall have for his work done or plans or materials furnished a lien upon the building or improvements, and upon the land of the owner on which they are situated to the extent of one (1) acre. If the improvements cover more than one (1) acre the lien shall extend to all the additional land covered thereby.
(b) To have a lien the work or materials shall be furnished under a contract.
§ 29-2-106. When statement lien to be filed; rights of subcontractor not abridged by contract between owner and contractor; agreement to extend filing period.
(a) Every contractor shall file his lien statement within one hundred twenty (120) days and every other person shall file within ninety (90) days:
(i) After the last day when work was performed or materials furnished under contract; or
(ii) From the date the work was substantially completed or substantial completion of the contract to furnish materials, whichever is earlier; or
(iii) With respect to an employee or subcontractor, after the last day he performed work at the direction of his employer or contractor.
§ 29-2-107. Notice of intention to file lien.
Before filing a lien pursuant to this chapter every person shall give ten (10) days notice to the owner or his agent in writing of any claim against a building or [1203]*1203an improvement or for materials furnished stating the amount of any claim and from whom it is due.
§ 29-2-111. Notice of right to claim a lien required; limitations.
(a) Any subcontractor or materialman who may claim a lien under this title shall give notice of his right to claim a lien to the prime contractor. Failure to give notice to a prime contractor who has complied with subsections (f) and (g) of this section waives the subcontractor or materi-alman’s right to a hen.
(b) The notice of the right to claim a lien shall be given no later than sixty (60) days after the date on which services or materials are first furnished.

FACTS

[¶ 4] Portrait Homes, Inc. (Portrait Homes), as owner and contractor in a residential construction project, contracted with Paul Vinluan (Vinluan) for Vinluan to provide all labor and materials necessary for the drywall portion of the construction. As a result of personal friendships, Vinluan had an arrangement with Aspen Construction Company, Inc. (Aspen Construction), to use Aspen Construction’s account at Building Specialties, Inc. (B.S.I.), to order materials for Vinluan’s various projects.

[¶ 5] In the fall of 2002, Vinluan purchased materials from B.S.I., using Aspen Construction’s account, and installed those materials in Portrait Homes’ project. All such materials were either picked up by Vin-luan or were delivered to the building site by B.S.I. When the project was completed, Portrait Homes paid Vinluan in full, but Vinluan did not pay Aspen Construction for the materials that had been charged to its account at B.S.I.1 When Aspen Construction sought payment from Vinluan on the B.S.I. invoices, Vinluan told Aspen Construction, untruthfully, that he had not been paid by Portrait Homes. Consequently, Aspen Construction sent to Portrait Homes, pursuant to Wyo. Stat. Ann.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
2005 WY 95, 117 P.3d 1200, 2005 Wyo. LEXIS 114, 2005 WL 1959166, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dobson-v-portrait-homes-inc-wyo-2005.