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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. by the time anybody gets to such files they will probably have been totally vacuumed anyways. they're pros at this at universities. anything to protect their incomes. Still, a laudable attempt. Let's go for throat though: how about the idea of unionizing football college football players so they can get a fair shake for their work? then if one of the players is a pain in the neck cut them loose instead of protecting them. if that kills the big programs, great, what do they have to do with learning anyways? nada. just another way for universities to rake in the billions even as they skate from paying taxes with their bogus "nonprofit" status.

  2. Um the affidavit from the lawyer is admissible, competent evidence of reasonableness itself. And anybody who had done law work in small claims court would not have blinked at that modest fee. Where do judges come up with this stuff? Somebody is showing a lack of experience and it wasn't the lawyers

  3. My children were taken away a year ago due to drugs, and u struggled to get things on track, and now that I have been passing drug screens for almost 6 months now and not missing visits they have already filed to take my rights away. I need help.....I can't loose my babies. Plz feel free to call if u can help. Sarah at 765-865-7589

  4. Females now rule over every appellate court in Indiana, and from the federal southern district, as well as at the head of many judicial agencies. Give me a break, ladies! Can we men organize guy-only clubs to tell our sob stories about being too sexy for our shirts and not being picked for appellate court openings? Nope, that would be sexist! Ah modernity, such a ball of confusion. https://www.youtube.com/watch?v=QmRsWdK0PRI

  5. LOL thanks Jennifer, thanks to me for reading, but not reading closely enough! I thought about it after posting and realized such is just what was reported. My bad. NOW ... how about reporting who the attorneys were raking in the Purdue alum dollars?

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