Tottenhoff v. Rocky Mountain Construction Co.

RAPER, Chief Justice.

The basic question in this case is whether the plaintiff-appellant has a valid mechanic’s lien against real property upon which the defendant-appellee bank has a mortgage. The district court held that the claimant’s Notice of Lien was prematurely filed and is invalid and unenforceable under the provisions of § 29-2-109, W.S.1977, which provided that “ * * * the original contractor shall not file a lien prior to the expiration of sixty (60) days after the completion of his contract * *

The issues are:

1. Is the appellant an original contractor or subcontractor?

2. Did the…