Siemens Building Technologies, Inc. v. Peak Mechanical, Inc.

OPINION

PARKER, Judge. *

In this action brought under Minn.Stat. § 514.02 (2002) of the mechanics’ lien statute, appellant Associated Bank Minnesota, N.A. (bank), appeals from the district court’s summary judgment in favor of respondent Siemens Building Technologies, Inc. (Siemens). Siemens sought to recover monies paid to defendant Peak Mechanical, Inc. (Peak), from the foreclosure of a mechanics’ lien. The bank had a prior secured interest in the proceeds paid to Peak.

Because the clear language of Minn. Stat. § 514.02 does not apply to a third party who receives payment in the ordinary course…