Palomar Grading & Paving, Inc. v. Wells Fargo Bank, N.A.

I.-II. *

III. DISCUSSION

A.-I. *

J. Did the Trial Court Err in Awarding the Lien Claimants Prejudgment Interest at 10 Percent, as Distinct from 7 Percent, as Against the Noncontracting, Innocent Owners? Yes.

This is the only part of this opinion certified for publication, so we set forth a brief précis of the relevant facts for the benefit of those readers who will not have access to the balance of the opinion; In 2007, a developer named Inland engaged a general contractor called 361 to develop a Kohl’s department store and surrounding property on a tract in Beaumont. The construction lender was Wachovia Bank. General contractor 361 contracted with, among others, Palomar Grading & Paving, Inc. (Palomar Grading) and Cass to do infrastructural work benefitting the tract. As it turned out, both Kohl’s and Wachovia ended up owning parcels in the tract. Neither, however, ever entered a contract with the two subcontractors. Palomar Grading and Cass were not paid for substantial portions of their work, and brought *689 successful actions to foreclose their mechanic’s liens. 24 The trial judge awarded them prejudgment interest at 10 percent, 25 and now Kohl’s and Wells Fargo…