Harris Ventures, Inc. v. Mallory and Evans, Inc.

Bernes, Judge.

Harris Ventures, Inc. (“Harris”) filed this action on a material-man’s lien discharge bond against Mallory & Evans, Inc. (“Mallory”) and Travelers Casualty and Surety Company of America, Inc. (“Travelers”), seeking to recover payment allegedly owed for labor that Harris supplied to the Emory Johns Creek Hospital project. The parties filed cross-motions for summary judgment. The trial court denied Harris’s motion and granted summary judgment to appellees, ruling that Harris’s materialman’s lien was unenforceable because Harris failed to perfect its lien rights by sending a Notice…