NUNLEY CONTRACTING COMPANY, INC. v. Four Taylors, Inc.

Benham, Judge.

Appellee is the fee owner of real property. The property is leased to Mar kan Villa, Inc. (Mar kan). Appellant was a subcontractor on a construction project undertaken by Markan. When the prime contractor did not pay the amount appellant claimed under the subcontract, appellant filed suit against the contractor and sought to impose a lien on appellee’s property. The trial court granted appellee’s motion for summary judgment. We affirm.

“A contract for improvements between a lessee and a material-man does not subject the interest of the lessor to a lien unless a contractual…