Fagerlie v. MARKHAM CONTRACTING CO., INC.

OPINION

IRVINE, Judge.

¶ 1 Markham Contracting Company (“Markham”) appeals from summary judgment entered in favor of Seth Fagerlie and other individual lot owners of The Estates at Happy Valley (collectively, “lot owners”). The trial court found that Markham’s lien was technically defective and sanctioned Markham for filing wrongful lien documents. We hold: (1) that Markham could claim a lien on the lots for work done at the “instance” of the developer, Estates at Happy Valley, LLC (“EHV”), as the agent of the lot owners; (2) that Markham properly served the preliminary twenty-day notice on EHV…