Vulcan Materials Co. v. Gamble Construction Co.

OPINION

in which GODDARD, P.J., and SWINEY, J„ joined.

In this action to enforce a materialman’s lien, the trial court granted summary judgment to the owner of the property because the materialman delivered the notice of nonpayment to the owner by hand rather than by “registered or certified mail, return receipt requested” as required by T.C.A. § 66-11-145 (Supp.2000). We affirm.

I

The defendant, Girls’ Preparatory School (“GPS”), is a not-for-profit charitable educational institution for girls. In the summer of 1999, GPS entered into a contract with the defendant Gamble Construe*573tion Company,…