Hub Construction Specialties v. Esperanza Charities
Annotate this CasePlaintiff, Hub Construction, supplied rebar and other materials to the general contractor on a construction project on property owned by defendant, Esperanza Charities. At issue is whether a mechanic's lien is invalid because the plaintiff lienholder did not strictly comply with the then-effective statutory requirement governing proof that the preliminary written notice was served on the defendant property owner by certified mail. Esperanza stipulated that the notice was served by certified mail, that the U.S. Postal Service website tracking certified mail items showed the notice was delivered, and that defendant actually received the notice. However, Esperanza contends that the lien is invalid because Hub has no return receipt, and the applicable statute at the time required proof that notice was served. The trial court dismissed the case. The court reversed, concluding that, while strict compliance with the notice provisions of the mechanic's lien law is required, the applicable precedents do not require or justify applying that rule to the statutory provisions governing proof that the required notice was properly given. A stipulation eliminates the need for proof.
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