2 Ton Plumbing, LLC v. ThorgaardAnnotate this Case
2 Ton Plumbing, LLC recorded a notice of mechanics’ lien against a lot in a development (Lot 30). Gregory and Kendra Thorgaard later purchased Lot 30 and executed a trust deed in favor of Washington Federal. Thereafter, 2 Ton recorded amended notices of mechanics’ lien against Lot 30 and filed a lien foreclosure claim against the Thorgaards and Washington Federal. Washington Federal, meanwhile, recorded its notice of release of lien and substitution of alternate security purporting to release 2 Ton’s original notice of lien. The district court ultimately entered judgment against Lot 30, which included principal and fees and costs. The Supreme Court reversed, holding (1) 2 Ton’s amended notices of lien were invalid because they included attorney fees and costs in the value of the mechanics’ lien, but 2 Ton’s original notice of lien remained valid; (2) the Thorgaards’ notice of release of lien and substitution of alternate security complied with the statutory requirements, and therefore, the district court erred in refusing to release Lot 30 from the lien; but (3) because the Thorgaards stipulated to the accuracy of the original lien claim, 2 Ton was entitled to recover its costs and a reasonable attorney fees award. Remanded.