from the Iowa District Court for Story County, Steven J.
contractor appeals from the district court's 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 (LM) appeals the district court's granting
of summary judgment to HGIK Hospitality LLC (HGIK). LM
contends the district court erred by striking its amended
resistance to summary judgment, and finding LM improperly
filed a mechanics lien. We affirm.
Background Facts and Proceedings
an Iowa limited liability company based in Des Moines Iowa.
HGIK is also an Iowa limited liability company with its
principal office in Irving, Texas.
owns real estate in Ames, Iowa, and 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 with LM listed as subcontractor. LM claims
to have started work the next day. LM mailed a notice in
November to HGIK regarding furnishing drywall labor and
materials to the project and specifying the materials and
labor were being provided to Empire. HGIK claims it never
received the notice.
point Empire appears to have been fired from the project.
Empire paid for the work completed by LM up to the time it
was fired. LM claims DDG managers approached LM and requested
he complete the work, promising to pay pursuant to the Empire
contract. LM completed the work on or about April 1,
2016, at a cost of an additional $96, 915. LM submitted an
invoice for work completed. DDG did not pay LM.
April 28, LM filed a mechanic's lien for the amount due
for the work on the Ames property for the time after the
departure of Empire, pursuant to Iowa Code sections 572.2 and
572.8 (2016). The lien was filed on the Iowa Mechanic's
Notice and Lien Registry.
September 21, LM filed a petition to foreclose on the
mechanic's lien against HGIK and DDG in Polk County. In
November and again in December, LM filed amended petitions,
dropping the claim against DDG and moving the case to Story
County. On June 13, 2017, HGIK moved for summary judgment. LM
filed a timely resistance on June 28. On July 10, the ...