Morrell Masonry Supply, Inc. v. Lupe's Shenandoah Reserve, LLC

OPINION

CHARLES KREGER, Justice.

This case requires us to decide whether a materialman to a subcontractor must give notice to the original contractor to perfect a lien and to recover on fund-trapping and retainage claims against the landowner. Because the statute that creates the rights of derivative suppliers requires timely notice to perfect a lien, we hold that a failure to provide notice in accordance with the statute precludes recovery.

Background

As a derivative claimant seeking to recover on invoices for materials provided to a subcontractor on a commercial construction contract, the…