Klein Development v. Ellis K. Phelps & Co.

PARKER, Acting Chief Judge.

Klein Development (Klein) appeals the final summary judgment entered in favor of Ellis K. Phelps & Co. (Phelps) in this construction lien foreclosure action. Because we find that Phelps never released its lien rights, we affirm.

Klein owns a parcel of property that it sought to develop as a new residential subdivision. In 1996, Klein contracted with Cadenhead Construction (Cadenhead) for Cadenhead to provide, among other things, all water and sewer preparation necessary to develop the subdivision. Ca-denhead subcontracted with Phelps to furnish lift station equipment…