Bates County Redi-Mix, Inc. v. Windler

RONALD R. HOLLIGER, Judge.

Bates County Redi-Mix, Inc., (“Bates”) appeals from a judgment denying it a mechanic’s lien against property owned by Michelle Cole. It is undisputed that Bates furnished concrete to the subcontractor of a general contractor hired by Cole. The concrete was improperly installed, rendering the entire foundation unusable and necessitating that it be completely .torn out and replaced. In a case of first impression, Bates asks, as an innocent material-man, to be awarded a lien for its material, even though the material it supplied was never incorporated into the final…