Bender v. Aviko USA L.L.C.

KAPSNER, Justice.

[¶ 1] William Bender appeals a summary judgment voiding his mechanic’s lien. Finding no genuine issue of material fact, we affirm the summary judgment.

I

[¶ 2] In September of 1995, Aviko USA L.L.C. (“Aviko”), then known as American Prairie Food, L.L.C., contracted with Lindberg Brothers, Inc. (“Lindberg”) for the construction of a potato plant in Jamestown. In turn, Lindberg entered into a subcontract with Basic Concrete, Inc. (“Basic Concrete”) for foundation work on the plant. Basic Concrete was to be paid $58,895 for its work.

[¶ 3] After various delays, Basic Concrete…