Shelton Engineering Contractors, Ltd. v. Hawaiian Pacific Industries, Inc.

OPINION OF THE COURT BY

RICHARDSON, C.J.

Shelton Engineering Contractors, Ltd., subcontractor, filed an assumpsit action against Mark Construction, Inc., the prime contractor, and Bank of Hawaii, garnishee, on November 4, 1966. Five months later, the subcontractor filed a notice of mechanic’s and materialman’s lien affecting forty-four lots in the Enchanted Hill Estates, Unit VII, and subsequently filed a suit to foreclose the lien against Hawaiian Pacific Industries, Inc., the owner. Although Mark Construction had no alleged interest in the land as an owner, it was made a party to the action…