Legal Opinion

MASSEY v. DUKE BUILDERS, INC

Supreme Court of Georgia

Decided September 28, 2020No. S20G0018Published

1Opinion of the Court

310 Ga. 153

FINAL COPY S20G0018. MASSEY et al. v. DUKE BUILDERS, INC. NAHMIAS, Presiding Justice. In this dispute between property owners and the contractor they hired to build a house, we granted the property owners’ petition for certiorari to consider two questions: (1) whether anticipated profits can be included in a materialmen’s lien and (2) if so, whether the improper inclusion of such profits renders the entire lien void. As explained below, because the Court of Appeals correctly held that anticipated profits may not be included in a lien and that their inclusion does not invalidate the…

2Cases cited12 opinions

  1. Sears, Roebuck & Co. v. Superior Rigging & Erecting Co.Court of Appeals of Georgia · 1969
  2. M. Shapiro & Sons, Inc. v. Yates Construction Co.Court of Appeals of Georgia · 1976
  3. Roofing Supply of Atlanta, Inc. v. Forrest Homes, Inc.Court of Appeals of Georgia · 2006
  4. Pace v. Shields-Geise Lumber Co.Supreme Court of Georgia · 1917
  5. Taverrite v. Lowe's of Franklin, Inc.Court of Appeals of Georgia · 1983

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