A.V.A. Construction Corp. v. Santee Wando Construction

Littlejohn, Acting Judge:

Plaintiff, A.V.A. Construction Corporation (Contractor) Appellant herein, brought this action against Defendant, Santee Wando Corporation (Owner) Respondent herein, to foreclose a mechanic’s lien or alternatively to recover under breach of contract or quantum meruit. The owner moved to dismiss the mechanic’s lien claim and vacate the lis pendens notice under Rule 12(b)(6) SCRCP alleging that no true account had been filed and no building or structure had been placed on the realty. The motion was granted, and the Contractor was permitted to proceed as for a breach of…