Erb Lumber, Inc v. Gidley

Defendant Homeowner Construction Lien Recovery Fund (the fund) appeals as of right the trial court’s ruling that it was responsible for the payment of plaintiff Erb Lumber, Inc.’s construction hen on defendants Gaylord and Darlene Gidley’s property. We affirm.

This appeal from an action to foreclose a construction hen on a residential structure presents a dispute between the Gidleys and the fund concerning who is responsible for paying plaintiff Erb Lumber for construction materials furnished to a now-bankrupt general contractor for a renovation project on the Gidleys’ residence. The Gidleys…