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Judges order trial on couple’s responsibility to unpaid subcontractors

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The Indiana Court of Appeals reversed a decision by a DeKalb Superior judge that Fred and Mary Anna Feitler were personally liable for unpaid bills to subcontractors on their home, which was being constructed on land owned by a trust to which they were sole beneficiaries.

The Feitlers contracted with Cedar Creek Homes to build a home on real estate in DeKalb County. The couple and the contractor agreed that no mechanic’s lien could attach to the property in the event of nonpayment. A mortgage taken out by the Feitlers paid more than $366,000 of the $478,225 contract price of the home, but Cedar Creek went out of business before finishing the home and did not pay subcontractors J. Laurie Commercial Floors LLC, JM Woodworking Co., and Springfield Enterprises Inc. for work completed on the home.

The subcontractors sued the Feitlers, arguing they should be able secure money judgments against the couple, with J. Laurie and JM also arguing they should be able to hold mechanic’s liens against the real estate. The trial court entered summary judgment in favor of the subcontractors.

The Feitlers and the land trust argued that J. Laurie and J.M. can’t hold a mechanic’s lien against the property and that the trial court erred in granting summary judgment on the question of personal liability. In Fred C. Feitler, Mary Anna Feitler, and the Feitler Family Trust v. Springfield Enterprises, Inc., J. Laurie Commercial Floors, LLC, d/b/a Jack Lauries Floor Designs, JM Woodworking Co., 17A04-1206-PL-297, the appellate court agreed with the Feitlers, reversing and concluding the question of personal liability should go to trial.

The COA found that the Feitlers qualify as owners pursuant to the mechanic’s lien, so the agreement they entered into with Cedar Creek is binding on J. Laurie. The Feitlers entered into an agreement with JM after Cedar Creek went out of business for JM to complete the cabinetry in the home, but did not pay JM. The Feitlers claimed JM’s failure to file a pre-lien notice pursuant to I.C. 32-28-3-1(i) prevents it from holding a mechanic’s lien. The judges agreed, finding the plain language of the statute makes the filing of a pre-lien notice a condition precedent to the right to hold a lien.

The designated evidence creates a question as to whether Cedar Creek was paid off by the Feitlers, which would prevent the subcontractors from having a claim against them under the personal liability notice statute.

The judges ordered summary judgment entered in favor of the Feitlers regarding whether JM and J. Laurie could hold a mechanic’s lien against the property and ordered a trial on the question of personal liability.


 

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  1. YES I WENT THROUGH THIS BEFORE IN A DIFFERENT SITUATION WITH MY YOUNGEST SON PEOPLE NEED TO LEAVE US ALONE WITH DCS IF WE ARE NOT HURTING OR NEGLECT OUR CHILDREN WHY ARE THEY EVEN CALLED OUT AND THE PEOPLE MAKING FALSE REPORTS NEED TO GO TO JAIL AND HAVE A CLASS D FELONY ON THERE RECORD TO SEE HOW IT FEELS. I WENT THREW ALOT WHEN HE WAS TAKEN WHAT ELSE DOES THESE SCHOOL WANT ME TO SERVE 25 YEARS TO LIFE ON LIES THERE TELLING OR EVEN LE SAME THING LIED TO THE COUNTY PROSECUTOR JUST SO I WOULD GET ARRESTED AND GET TIME HE THOUGHT AND IT TURNED OUT I DID WHAT I HAD TO DO NOT PROUD OF WHAT HAPPEN AND SHOULD KNOW ABOUT SEEKING MEDICAL ATTENTION FOR MY CHILD I AM DISABLED AND SICK OF GETTING TREATED BADLY HOW WOULD THEY LIKE IT IF I CALLED APS ON THEM FOR A CHANGE THEN THEY CAN COME AND ARREST THEM RIGHT OUT OF THE SCHOOL. NOW WE ARE HOMELESS AND THE CHILDREN ARE STAYING WITH A RELATIVE AND GUARDIAN AND THE SCHOOL WON'T LET THEM GO TO SCHOOL THERE BUT WANT THEM TO GO TO SCHOOL WHERE BULLYING IS ALLOWED REAL SMART THINKING ON A SCHOOL STAFF.

  2. Family court judges never fail to surprise me with their irrational thinking. First of all any man who abuses his wife is not fit to be a parent. A man who can't control his anger should not be allowed around his child unsupervised period. Just because he's never been convicted of abusing his child doesn't mean he won't and maybe he hasn't but a man that has such poor judgement and control is not fit to parent without oversight - only a moron would think otherwise. Secondly, why should the mother have to pay? He's the one who made the poor decisions to abuse and he should be the one to pay the price - monetarily and otherwise. Yes it's sad that the little girl may be deprived of her father, but really what kind of father is he - the one that abuses her mother the one that can't even step up and do what's necessary on his own instead the abused mother is to pay for him???? What is this Judge thinking? Another example of how this world rewards bad behavior and punishes those who do right. Way to go Judge - NOT.

  3. Right on. Legalize it. We can take billions away from the drug cartels and help reduce violence in central America and more unwanted illegal immigration all in one fell swoop. cut taxes on the savings from needless incarcerations. On and stop eroding our fourth amendment freedom or whatever's left of it.

  4. "...a switch from crop production to hog production "does not constitute a significant change."??? REALLY?!?! Any judge that cannot see a significant difference between a plant and an animal needs to find another line of work.

  5. Why do so many lawyers get away with lying in court, Jamie Yoak?

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