Summary
The Rhode Island Supreme Court affirmed dismissal of Alpha Omega Construction's mechanic's lien claim arising from masonry work on a cemetery mausoleum and chapel. The court held that Alpha failed to establish that it was a sub-subcontractor of Greenwich Northeast, particularly where the general contract prohibited subcontracting without written permission and no such permission or contractual relationship was shown. The court also declined to consider an independent lien claim by Alpha's alleged employees and affirmed the Superior Court judgment.
Holdings
- Alpha Omega failed to establish that it was a sub-subcontractor on the project and therefore failed to show a probability of judgment sufficient to support a mechanic's lien against Swan Point.
- Although a subcontractor need not be in privity with the owner to assert a mechanic's lien, that principle did not assist Alpha Omega because Alpha Omega failed to prove that it was a subcontractor or sub-subcontractor on this project.
- The Supreme Court declined to address the workers' asserted individual lien rights because the lien was filed by Alpha Omega, not by the individual workers, and there was no evidence that any worker independently filed a lien within the statutory filing period.
- The attorneys' fee issue was waived because Alpha Omega merely referenced it without meaningfully developing the argument or providing legal briefing.
Questions Presented
- Whether the evidence established that Alpha Omega performed work as a sub-subcontractor entitled to enforce a mechanic's lien.
- Whether the absence of privity with the property owner nevertheless permitted Alpha Omega to assert a mechanic's lien.
- Whether workers allegedly employed by Alpha Omega had an independent right to assert a mechanic's lien despite lien waivers executed by Greenwich.
- Whether the award of attorneys' fees was properly before the Supreme Court for review.
Disposition
affirmed
Cases Cited (9)
- DeSimone Electric, Inc. v. CMG, Inc., 901 A.2d 613, 618 n.5 (R.I. 2006)(followed)
- Tilcon Gammino, Inc. v. Commercial Associates, 570 A.2d 1102, 1107 (R.I. 1990)(followed)
- Donnelly v. Cowsill, 716 A.2d 742, 747 (R.I. 1998)(followed)
- Walton v. Baird, 433 A.2d 963, 964 (R.I. 1981)(followed)
- Gem Plumbing & Heating Co. v. Rossi, 867 A.2d 796, 803, 811 (R.I. 2005)(followed)
- Faraone v. Faraone, 413 A.2d 90, 92 (R.I. 1980)(followed)
- Roofing Concepts, Inc. v. Barry, 559 A.2d 1059 (R.I. 1989)(distinguished)
- DeAngelis v. DeAngelis, 923 A.2d 1274, 1282 n.11 (R.I. 2007)(followed)
- Wilkinson v. State Crime Laboratory Commission, 788 A.2d 1129, 1131 n.1 (R.I. 2002)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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