from the Iowa District Court for Polk County, Mary Pat
contractor appeals from the district court decision to strike
an amended resistance to summary judgment and grant of
summary judgment on a petition to foreclose a mechanic's
Valerie A. Cramer of Cramer Law, PLC, Des Moines, for
Elizabeth R. Meyer of Davis Brown Law Firm, Des Moines, for
Considered by Vogel, P.J., and Doyle and Bower, JJ.
Construction LLC (LM) appeals the district court's
granting of summary judgment to Altoona Hospitality LLC
(Altoona Hospitality). LM contends the district court erred
by striking its amended resistance to summary judgment, and
for finding LM improperly filed a mechanic's lien. We
Background Facts and Proceedings
an Iowa limited liability company based in Des Moines Iowa.
Altoona Hospitality is also an Iowa limited liability company
with its principal office in Irving, Texas.
Hospitality owns real estate in Altoona, Iowa, and in August
2015, entered into a contract with DDG Construction, LLC
(DDG), as general contractor to build a commercial hotel on
the property. DDG subsequently hired ESC LLC d/b/a Empire
Group (Empire) to work as a subcontractor on the project.
October 28, 2015, Empire contracted LM to put up drywall in
the hotel, including providing labor and
materials. LM's contract is specifically with
Empire. In the contract with LM, Empire is designated as a
general contractor and LM as subcontractor. LM claims to have
started work the next day. LM states they mailed a notice in
November to Altoona Hospitality regarding furnishing drywall,
labor, and materials to the project and specifying the
materials and labor were being provided to Empire. Altoona
Hospitality states it never received the notice. LM states it
completed the work on April 1, 2016, for $32, 262 in labor
and materials. LM submitted an invoice for the work, which
was not paid.
to LM, Altoona Hospitality, DDG, and Empire all failed to
inform LM that that DDG was the general contractor for the
project. At some point Empire appears to have been fired from
the project. Altoona Hospitality, DDG, and Empire then all
failed to inform LM that Empire had been released from its
contract. Upon completion of work, LM placed a mechanic's
lien as a subcontractor entitled to a lien under Iowa Code
section 572.2 (2016), as it believed it was entitled to do.
LM did not follow the more stringent section 572.33
requirements a sub-subcontractor must meet to place a
mechanic's lien on a commercial construction property.
April 14, 2016, LM filed a mechanic's lien for the full
amount on the property, listing Empire as general contractor.
The next day, LM filed an amended mechanic's lien, again
for the full amount, against the property, this time listing
DDG as general contractor. Both liens were filed on the Iowa
Mechanic's Notice and Lien Registry.
August 21, LM filed a petition to foreclose on the
mechanic's lien against Altoona Hospitality and DDG. In
December, LM filed an amended petition dropping the claim
against DDG. On April 17, 2017, Altoona Hospitality moved for
summary judgment. LM filed a timely resistance on May 2. LM
filed amended documents in support of its resistance on May
17. On May 18, Altoona Hospitality moved to strike the
amended documents. On May 22, the court held a hearing on the
motion to strike and motion for summary judgment. On June 5,
the court granted ...