Andrews Distributing Co. v. Oak Square at Gatlinburg, Inc.

OPINION

FONES, Justice.

This is an action by a materialman for enforcement of a materialman’s lien, or in the alternative for recovery under the general contractor’s labor and material payment bond. The trial court dismissed the action for failure to give timely written notice of lien and for failure to give timely notice under the terms of the bond. The Court of Appeals affirmed, and this Court granted plaintiff’s application for permission to appeal.

In October, 1984, plaintiff, Andrews Distributing Company, received a purchase order for HVAC [heating and air conditioning] units from Mike…