Industrial Asphalt, Inc. v. Garrett Corp.

Introduction

On January 11, 1984, plaintiff Industrial Asphalt, Inc., filed a complaint to foreclose a lien against defendant Garrett Corporation, Air Research Aviation Division. The complaint alleged that the plaintiff had furnished labor, services, equipment and materials to improve property leased by the defendant, which defendant had not paid for. Plaintiff filed and recorded a claim of lien on defendant’s property to secure the debt, and its complaint sought foreclosure and related relief.

The defendant denied the allegations, denied that plaintiff had served the required preliminary notice, admitted the recording of the lien, and interposed five affirmative defenses.

Pursuant to facts stipulated by both plaintiff and defendant, a trial on the complaint was held on October 17, 1984. The trial court found for the defendant, and entered judgment on December 4, 1984. Plaintiff filed a timely notice of appeal. Amicus curiae has filed a brief in support of plaintiff’s appeal. This opinion will refer to the appellant as “plaintiff,” and to the respondent as “defendant.”

Standard of Review

The parties submitted a complaint and response, a stipulation as to the facts,…