Hammerhead Contracting & Dev. v. Ladd (Majority, with Dissenting)Annotate this Case
Dale Ladd hired Hammerhead Contracting & Development, LLC to build a house. After a dispute arose regarding the amount owed for the construction of Ladd’s home, Brandon Holmes filed a Laborer’s, Mechanic’s, or Materialman’s Lien on behalf of the LLC for the amount of $101,676, the additional amount Hammerhead asserted that Ladd owed. Ladd filed suit against Holmes to remove the lien. Hammerhead then filed an amended complaint against Ladd seeking judgment for the $101,676. The cases were consolidated. The circuit court (1) granted Ladd’s motion to dismiss Hammerhead’s complaint because of its failure to give the notice required by Ark. Code Ann. 18-44-115; (2) granted summary judgment in favor of Ladd on Ladd’s complaint and ordered the lien canceled; and (3) found that Ark. Code Ann. 18-44-115(a)(4), which bars suit by a contractor who fails to provide statutory notice, is constitutional. The Supreme Court reversed, holding that the circuit court erred in finding that the direct-sales exception in Ark. Code Ann. 18-44-115(a)(8) to the residential preconstruction-notice requirement can never apply to a contractor.