Northern Excavating Co. v. Sisters of Mary of the Presentation Long Term Care

2012 ND 78, 815 N.W.2d 280, 2012 WL 1205123, 2012 N.D. LEXIS 65
CourtNorth Dakota Supreme Court
DecidedApril 10, 2012
DocketNo. 20110209
StatusPublished
Cited by4 cases

This text of 2012 ND 78 (Northern Excavating Co. v. Sisters of Mary of the Presentation Long Term Care) is published on Counsel Stack Legal Research, covering North Dakota Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Northern Excavating Co. v. Sisters of Mary of the Presentation Long Term Care, 2012 ND 78, 815 N.W.2d 280, 2012 WL 1205123, 2012 N.D. LEXIS 65 (N.D. 2012).

Opinion

MARING, Justice.

[¶ 1] Sisters of Mary of the Presentation Long Term Care, d/b/a Ave Maria Village (“Sisters of Mary”), appeals, and Northern Excavating Co., Inc. (“Northern”) cross-appeals from the trial court’s judgment awarding Northern $81,694.23 plus interest at 1.5 percent and costs at $743.33, and awarding Sisters of Mary $3,231.00 in attorney’s fees. We affirm in part, reverse in part, and remand.

I

[¶2] In October of 2009, Sisters of Mary and Northern executed a contract wherein Northern agreed to repair a water main break on Sisters of Mary’s property for the cost of its “[tjime and [mjateri-als[.]” The contract did not contain a specific price. Following completion of the repairs, Northern submitted a bill for $103,244.11 to Sisters of Mary. Sisters of Mary found the bill excessive and refused to pay, asserting the repairs only had a value of approximately $40,000.

[¶ 3] Northern filed a construction lien covering the repaired property and sued Sisters of Mary seeking $98,806.98 for breach of contract and foreclosure of the lien. Sisters of Mary answered and counterclaimed alleging breach of contract, unlawful sales practices, and invalid construction lien/slander of title. Sisters of Mary also sought a jury trial. By stipulation, issues relating to the foreclosure of the construction lien were reserved and not submitted to the jury. The jury returned a verdict awarding Northern $81,694.23 plus interest at 1.5 percent for time and materials provided under the contract. After the verdict was rendered, Sisters of Mary applied for its costs and attorney’s fees. In its post-trial brief, Sisters of Mary claimed it successfully challenged Northern’s lien and argued the court was required, under N.D.C.C. § 35-27-24.1, to award it all of its attorney’s fees and costs, $33,477.09, associated with the action. In its own post-trial brief, Northern argued it was unreasonable to require lienholders to pay costs and attorney’s fees when a lien-holder does not recover the precise amount claimed in a lien. The trial court ultimately awarded Sisters of Mary a portion of its attorney’s fees, $3,231.00, explaining it was a reasonable award given Sisters of Mary failed to specify “any fees that were directly related to the construction lien issue[.]” The trial court also found Northern was the prevailing party and awarded it $743.33 of its costs under N.D.C.C. § 28-06-06. Sisters of Mary appeals, arguing the trial court misapplied the law by not awarding it the full amount of its attorney’s fees and costs for the successful defense of a construction lien under N.D.C.C. § 35-27-24.1. Sisters of Mary also argues the trial court erred by finding Northern was the prevailing party and entitled to costs. Northern cross-ap[283]*283peals, arguing the trial court misapplied the law in awarding Sisters of Mary any attorney’s fees and costs because Northern was the prevailing party and the lien was not inaccurate.

II

[¶ 4] Both parties’ arguments on appeal involve statutory interpretation. “Interpretation of a statute is a question of law, fully reviewable on appeal.” Wheeler v. Gardner, 2006 ND 24, ¶ 10, 708 N.W.2d 908. When interpreting a statute, this Court seeks to ascertain the intent of the Legislature by giving the statute’s language “its plain, ordinary, and commonly understood meaning.” Id. A statute’s language must be interpreted in context, and this Court attempts to give “meaning and effect to every word, phrase, and sentence.” Id. at ¶ 11 (citing N.D.C.C. §§ 1-02-03 and 1-02-38(2)). Further, “[s]tat-utes must be construed to give effect to all of their provisions, so that no part of the statute is rendered inoperative or superfluous.” Id. (citing N.D.C.C. §§ 1-02-38(2) and (4)). If a statute’s language is clear and unambiguous, such language “is not to be disregarded under the pretext of pursuing [the statute’s] spirit.” N.D.C.C. § 1-02-05. “A statute is ambiguous when it is subject to different, but rational meanings.” Hilton v. N.D. Educ. Ass’n, 2002 ND 209, ¶10, 655 N.W.2d 60. When a statute is ambiguous, “a court may resort to extrinsic aids, including legislative history, to interpret the statute.” Id. Finally, this Court presumes “[a] just and reasonable result is intended.” N.D.C.C. § 1-02-38(3).

III

[¶ 5] Sisters of Mary argues it successfully contested the accuracy of Northern’s construction lien under N.D.C.C. § 35-27-24.1 because the jury awarded Northern approximately $17,000 less than it claimed under the lien. Therefore, Sisters of Mary asserts it is entitled to an award of all its attorney’s fees and costs, $33,477.09.

[¶ 6] Section 35-27-24.1, N.D.C.C., states that “[a]ny owner that successfully contests the validity or accuracy of a construction lien by any action in district court must be awarded the full amount of all costs and reasonable attorney’s fees incurred by the owner.” Section 35-27-24.1, N.D.C.C., was enacted by Senate Bill 2250 in 2009. 2009 N.D. Sess. Laws ch. 293, § 13. The legislative history of Senate Bill 2250 indicates this new section awarding costs and attorney’s fees to an owner who successfully contests a construction lien was created as part of an effort to prevent situations where construction liens were threatened, or actually filed, in order to coerce an owner into settling, rather than litigating, a dispute. Hearing on S.B. 2250 Before the Senate Judiciary Committee, 61st N.D. Legis. Sess. (Jan. 28, 2009) (testimony of Malcolm Brown, attorney, appearing on behalf of the Real Property Section of the State Bar Association of North Dakota). Under this statute, the person claiming the lien bears the risk of filing a lien that is inaccurate or invalid.

[¶ 7] Sisters of Mary argues the construction lien was not “accurate.” The trial court held that the construction lien-filed by Northern for $98,806.98 was not accurate based on the finding of the jury that the reasonable value of the time and materials was $81,694.23. The amount awarded to Northern was therefore approximately $17,000 less than the lien. Under these facts, the trial court did not err in its interpretation that N.D.C.C. § 35-27-24.1 applied. We conclude, however, that a determination of whether an owner has successfully contested the “accuracy of a construction lien,” such that [284]*284the owner is entitled to an award of full costs and reasonable attorney’s fees, must include a requirement of reasonableness as to whether the amount of the lien is accurate. When no amount is stated in the contract, the amount of the construction lien must be reasonably accurate for the lienholder to avoid liability for the owner’s costs and reasonable attorney’s fees. The dictionary definition of “accuracy” is “freedom from mistake or error: correctness ... conformity to truth or to a standard or model: exactness ... degree of conformity of a measure to a standard or a true value.” Merriam-Webster’s Collegiate Dictionary 9 (11th ed.2005). However, if the construction lien was ten dollars over the reasonable value of time and materials, it would be absurd to hold the owner has successfully contested the accuracy of the lien and is entitled to attorney’s fees and all costs. This Court construes statutes to avoid absurd results. N.D.C.C. § 1-02-38(3); Blomdahl v. Blomdahl, 2011 ND 78, ¶ 10, 796 N.W.2d 649. It would be absurd to award an owner costs and attorney’s fees after challenging a lien suffering only from a de minimis mistake.

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Bluebook (online)
2012 ND 78, 815 N.W.2d 280, 2012 WL 1205123, 2012 N.D. LEXIS 65, Counsel Stack Legal Research, https://law.counselstack.com/opinion/northern-excavating-co-v-sisters-of-mary-of-the-presentation-long-term-nd-2012.