Gunther v. Carpet Systems of Huntsville, Inc.

142 So. 3d 668, 2013 WL 5496178, 2013 Ala. Civ. App. LEXIS 221
CourtCourt of Civil Appeals of Alabama
DecidedOctober 4, 2013
Docket2120511
StatusPublished

This text of 142 So. 3d 668 (Gunther v. Carpet Systems of Huntsville, Inc.) is published on Counsel Stack Legal Research, covering Court of Civil Appeals of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gunther v. Carpet Systems of Huntsville, Inc., 142 So. 3d 668, 2013 WL 5496178, 2013 Ala. Civ. App. LEXIS 221 (Ala. Ct. App. 2013).

Opinion

THOMPSON, Presiding Judge.

On May 4, 2009, Carpet Systems of Huntsville, Inc. (“Carpet Systems”), filed in the Madison Circuit Court (“the trial court”) a complaint seeking to recover $40,650 plus interest, costs, and an attorney fee from James B. Gunther, Jr., Jane Lee Gunther (hereinafter referred to collectively as “the Gunthers”), and Antioch Homes, LLC (“Antioch”). The complaint alleges that Carpet Systems was employed as a subcontractor of Antioch in Antioch’s construction of a house for the Gunthers. The Gunthers answered and denied liability.

On December 14, 2012, the Gunthers moved for a summary judgment on Carpet Systems’ claims against them. The trial court scheduled a hearing on that summary-judgment motion for February 1, 2013. On January 25, 2013, Carpet Systems filed an opposition to the Gunthers’ summary-judgment motion, and it filed its own motion for a summary judgment against the Gunthers and Antioch. The Gunthers opposed Carpet Systems’ motion for a summary judgment. Antioch did not respond or attempt to defend this action, and it is not a party on appeal.

On February 19, 2013, the trial court entered a summary judgment in favor of Carpet Systems against all three defendants. In its summary judgment, the trial court awarded Carpet Systems $40,650 plus costs. The Gunthers timely appealed.

The standard by which this court reviews a summary judgment is well settled:

“ ‘ “To grant ... a [summary-judgment] motion, the trial court must determine that the evidence does not create a genuine issue of material fact [670]*670and that the movant is entitled to a judgment as a matter of law. Rule 56(c)(3), Ala. R. Civ. P. When the movant makes a prima facie showing that those two conditions are satisfied, the burden shifts to the nonmovant to present ‘substantial evidence’ creating a genuine issue of material fact. Bass v. SouthTrust Bank of Baldwin County, 538 So.2d 794, 797-98 (Ala.1989); § 12-21-12(d)[,] Ala.Code 1975. Evidence is ‘substantial’ if it is of ‘such weight and quality that fair-minded persons in the exercise of impartial judgment can reasonably infer the existence of the fact sought to be proved.’ West v. Founders Life Assur. Co. of Florida, 547 So.2d 870, 871 (Ala.1989).
““‘In our review of a summary judgment, we apply the same standard as the trial court. Ex parte Lumpkin, 702 So.2d 462, 465 (Ala.1997). Our review is subject to the caveat that we must review the record in a light most favorable to the non-movant and must resolve all reasonable doubts against the movant. Hanners v. Balfour Guthrie, Inc., 564 So.2d 412 (Ala.1990).” ’
“Payton v. Monsanto Co., 801 So.2d 829, 832-33 (Ala.2001) (quoting Ex parte Alfa Mut. Gen. Ins. Co., 742 So.2d 182, 184 (Ala.1999)).”

Maciasz v. Fireman’s Fund Ins. Co., 988 So.2d 991, 994-95 (Ala.2008).

The dispute in this action pertains to whether Carpet Systems properly complied with § 35-11-210, Ala.Code 1975, in asserting its claim for a “full price” materi-alman’s lien against the Gunthers.1 Section 35-22-210 provides, in pertinent part:

“[I]f [the materialman] shall notify the owner or his or her agent in writing that certain specified material will be furnished by him or her to the contractor or subcontractor for use in the building or improvements on the land of the owner or proprietor at certain specified prices, unless the owner or proprietor or his or her agent objects thereto, the furnisher of the material shall have a lien for the full price thereof as specified in the notice to the owner or proprietor without regard to whether or not the amount of the claim for the material so furnished exceeds the unpaid balance due the contractor, unless on the notice herein provided for being given, the owner or proprietor or his or her agent shall notify the furnisher in writing before the material is used, that he or she will not be responsible for the price thereof.”
Our supreme court has explained that “[t]o establish the right to a full-price lien, the supplier must either (1) have an express contract with the property’s owner or the owner’s agent to supply the materials or labor, or (2) have given notice to the owner in writing of the cost of the materials or labor to be supplied before beginning work or delivering materials and the owner must not have responded in writing that the owner will not be liable for payment.”

Saunders v. Lawson, 982 So.2d 1091, 1093 (Ala.Civ.App.2006). In this case, Carpet Systems did not have an express contract for the materials and labor for which it asserts a claim for a lien. Therefore, Car[671]*671pet Systems has proceeded to assert its claim under the second option described in Saunders v. Lawson, i.e., a notification to the property owners of its intent to reserve its right to claim a lien.

The purpose of § 35-11-210 is to secure the materialman’s claim for payment for materials and labor it provides and to offer protection to the homeowner by requiring timely notice of the material-man’s claim to a lien:

“The purpose of the statute creating a materialman’s lien is to protect one who supplies labor or materials for any building or improvement on land when he does so at the request of the contractor rather than at the request of the landowner. Abell-Howe Co. v. Industrial Dev. Bd., 392 So.2d 221, 224 (Ala.Civ.App.1980). The statute allows a supplier to establish a lien in order to guarantee payment. Id. However, the notice provision of the materialman’s lien statutes was included for the protection of the owner. Id. (citing Covington Co. Bank v. R.J. Allen & Assoc., 462 F.Supp. 413 (M.D.Ala.1977)).
“ ‘[The notice provision was] designed to inform the owner that the claimant intends to place an encumbrance on the owner’s land; the owner then has an opportunity to effect a settlement between himself, the contractor and the supplier prior to any encumbrancing. Harper v. J & C Trucking & Excavating Co., 374 So.2d 886 (Ala.Civ.App.1978), writ quashed, 374 So.2d 893 (Ala.1979).’
“392 So.2d at 224.”

Davis v. Gobble-Fite Limber Co., 592 So.2d 202, 205 (Ala.1991).

Our courts have held, however, that strict compliance with § 35-11-210 is required in order to protect the material-man’s claim. In Davis v. Gobble-Fite Lumber Co., supra, the materialman provided the owner notice of its intent to assert a full-price lien on the day following the delivery of the materials to be provided to the construction site. The trial court entered a summary judgment awarding the materialman a lien. Our supreme court reversed, concluding that because the notice was provided to the homeowners after the materials at issue had been delivered, the materialman had failed to comply with the requirements of § 35-11-210. The court explained:

“The text of § 35-11-210 clearly states that in order to procure a full-price lien, the materialman must give notice of intent to claim a lien to the owner before any material is furnished. The materialman’s lien statute is in derogation of the common law. Therefore, enforcement of a lien depends upon strict compliance with the statute’s substantive requirements.”

Davis v.

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Related

Ex Parte Lumpkin
702 So. 2d 462 (Supreme Court of Alabama, 1997)
Bass v. SOUTHTRUST BANK OF BALDWIN CTY.
538 So. 2d 794 (Supreme Court of Alabama, 1989)
Oliver v. Brock
342 So. 2d 1 (Supreme Court of Alabama, 1976)
Harper v. J. & C. TRUCKING & EXCAVATING
374 So. 2d 886 (Court of Civil Appeals of Alabama, 1978)
Lloyd Noland Found., Inc. v. City of Fairfield Healthcare Auth.
837 So. 2d 253 (Supreme Court of Alabama, 2002)
Welch v. Houston County Hosp. Bd.
502 So. 2d 340 (Supreme Court of Alabama, 1987)
Saunders v. Lawson
982 So. 2d 1091 (Court of Civil Appeals of Alabama, 2006)
Abell-Howe Co. v. INDUSTRIAL DEVELOPMENT BD., ETC.
392 So. 2d 221 (Court of Civil Appeals of Alabama, 1980)
Hanners v. Balfour Guthrie, Inc.
564 So. 2d 412 (Supreme Court of Alabama, 1990)
Ex Parte Alfa Mut. General Ins. Co.
742 So. 2d 182 (Supreme Court of Alabama, 1999)
MacIasz v. Fireman's Fund Ins. Co.
988 So. 2d 991 (Supreme Court of Alabama, 2008)
Osborn v. Johns
468 So. 2d 103 (Supreme Court of Alabama, 1985)
West v. Founders Life Assur. Co. of Florida
547 So. 2d 870 (Supreme Court of Alabama, 1989)
Payton v. Monsanto Co.
801 So. 2d 829 (Supreme Court of Alabama, 2001)
Covington County Bank v. R. J. Allen & Associates, Inc.
462 F. Supp. 413 (M.D. Alabama, 1977)
Coleman v. BAC Servicing
104 So. 3d 195 (Court of Civil Appeals of Alabama, 2012)
Harper v. J. & C. Trucking & Excavating Co.
374 So. 2d 893 (Supreme Court of Alabama, 1979)
Davis v. Gobble-Fite Lumber Co., Inc.
592 So. 2d 202 (Supreme Court of Alabama, 1991)
Buckner v. Alpha Lumber and Supply Co.
628 So. 2d 450 (Supreme Court of Alabama, 1993)

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Bluebook (online)
142 So. 3d 668, 2013 WL 5496178, 2013 Ala. Civ. App. LEXIS 221, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gunther-v-carpet-systems-of-huntsville-inc-alacivapp-2013.