C.O. Christian & Sons Co. v. Nashville P.S. Hotel, Ltd.

OPINION

CANTRELL, Judge.

The plaintiff, a subcontractor, filed this action to establish and enforce a material-man’s lien on the Park Suite Hotel in Nashville. The Chancellor dismissed the complaint for two reasons: because the property was not attached within ninety days after the notice of lien was given to the owner, and because the plaintiff’s subcontract provided for the resolution of disputes by arbitration. In granting the motion to dismiss, the Chancellor overruled the plaintiff's contention that the owner was collaterally estopped from asserting the failure to attach the property…