Cohan Law Group Defeats Materialman’s Lien.23-Dec-2011
In Dan J. Sheehan Co. v. The Fairlawn on Jones Homeowners’ Association, Inc., A11A1030; A11A1315, arising from Dan J. Sheehan Company’s attempts to recover $95K for repair work it performed at a condominium complex, the Court of Appeals affirmed the denial of Sheehan’s motion for partial summary judgment on its foreclosure of lien claims against the homeowners’ association and unit owners and the grant of the unit owners’ cross-motion for partial summary judgment on such claims, holding that a contract is a condition precedent to foreclosing a lien under Georgia’s lien statute and a question of fact existed as to whether there was a contract or assent of the parties. Because the evidence was insufficient to determine whether Sheehan and the homeowners’ association had a contract, the Court held that the trial court properly granted the unit owners’ motion for summary judgment on Sheehan’s unjust enrichment claims. Finally, the Court vacated and remanded the award of attorneys’ fees to the unit owners because it was devoid of specific findings of fact, as required by OCGA § 9-15-14.
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