Legal Opinion

National Lumber Co. v. Fort Realty Corp.

Massachusetts District Court, Appellate Division

Decided September 23, 1999PublishedCited by 1 opinion

1Opinion of the CourtWelsh, J.

A supplier of building material seeks in these actions to establish a mechanic’s lien agreeable to G.L.c. 254, §4. Fort Realty was the general contractor and is now defunct. The defendants are who contracted with Fort to build homes for them. The third party defendant is a lending institution holding construction notes for construction loans for the premises. Fort plays no part in these appeals.

The motion judge determined that the supplier did not have a valid mechanic’s lien enforceable against the owners and, having so determined, ruled in favor of the bank. (Community Bank on the third…

2Cases cited5 opinions

  1. Mishara Construction Co. v. Transit-Mixed Concrete Corp.Massachusetts Supreme Judicial Court · 1974
  2. Mullen Lumber Co. v. LoreMassachusetts Supreme Judicial Court · 1989
  3. Lampasona v. CapriottiMassachusetts Supreme Judicial Court · 1936
  4. Sarvis v. CooperMassachusetts Appeals Court · 1996
  5. Warren Bros. v. Peerless InsuranceMassachusetts Appeals Court · 1979

3Cited by1 opinion

  1. National Lumber Co. v. LeFrancois Construction Corp.Massachusetts District Court, Appellate Division · 2002

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