Grau Contracting, Inc. v. Captiva Lake Investments, LLC

We affirm a judgment enforcing mechanics’ liens and granting them priority over a construction lender’s successor in interest.

Background

This litigation arises from the failed Majestic Pointe condominium development, a project located on a several-acre point jutting into the Lake of the Ozarks. By August 2005, the developer had nearly finished one condo building and planned to build the next one, but the project’s lender did not wish to finance additional construction.

Discussions with National City Bank (“Bank”) led to its agreement to finance finish work on the existing building and…