MW Builders of Kansas, Inc. v. VT Properties, Inc.

In this case we construe the terms of a settlement agreement reached in a mechanic’s lien case to determine whether that agreement required the dismissal of a suit pending in another jurisdiction against the surety on the payment bond.

Three materialmen, Metro Building Supply, Inc., J.S. Purcell Lumber Corporation, and Southeastern Wholesale Supply Company, Inc., provided materials to VT Properties, Inc. (VT) for use in a construction project in Fredericksburg. When the material-men were not paid, they perfected their mechanics’ liens against VT and filed suits to enforce the liens. VT, in…