TQY Investments v. Rodgers Co.

By Judge Thomas J. Middleton

On November 5,1990, Rodgers Company, Inc. (“Rodgers”) filed a memorandum of mechanic’s lien against Bogle Group II (“Bogle”). Bogle subsequently changed its name to TQY, the petitioner in this case. TQY, in its Petition to Determine the Validity of the Mechanic’s Lien, contends that the lien is invalid for the following reasons:

The written notice given to Bogle was insufficient;

The error in the affidavit accompanying the memorandum was fatal to perfection of the lien;

Rodgers is time-barred from enforcing the lien;

The description of the property included three acres…