PRESENT: Hassell, C.J., Koontz, Kinser, Lemons, Goodwyn, and
Millette, JJ., and Stephenson, S.J.
SMITH MOUNTAIN BUILDING SUPPLY, LLC
OPINION BY SENIOR JUSTICE
v. Record Nos. 080651 and 080652 ROSCOE B. STEPHENSON, JR.
February 27, 2009
WINDSTAR PROPERTIES, LLC
FROM THE CIRCUIT COURT OF FRANKLIN COUNTY
William N. Alexander, Judge
In these appeals, we determine whether the trial court
erred in declaring invalid and unenforceable two mechanic's
liens without allowing the lien claimant to present evidence
that its inclusion in the memoranda of charges outside the 150-
day limitation period in Code § 43-4 was an "inaccuracy" within
the meaning of Code § 43-15.
I
The relevant facts are not in dispute. Smith Mountain
Building Supply, LLC (Smith Mountain), supplied materials to a
general contractor for the construction of a home on each of two
properties owned by Windstar Properties, LLC (Windstar). Smith
Mountain furnished materials to the jobs from June 24, 2005, to
March 9, 2006. March 9, 2006 is the last day Smith Mountain
supplied materials to the jobs. The 150-day limitation period
prescribed by Code § 43-4, therefore, is October 10, 2005,
through March 9, 2006.
Smith Mountain filed its memoranda of mechanic's lien on
June 9, 2006. The amount claimed on one of the memoranda is
$15,253.44. The amount claimed on the other of the memoranda is
$51,835.34. The charges for materials properly recoverable
during the 150-day limitation period are $1,422.80 and
$13,593.65, respectively.
II
Smith Mountain filed two actions against Windstar to
enforce its mechanic's liens. Windstar filed motions for
summary judgment, asserting that the mechanic's liens sought to
be enforced by Smith Mountain were invalid under Code § 43-4
because they included sums due for materials furnished more than
150 days prior to the last day on which materials were supplied
to the jobs preceding the filing of the memoranda. Windstar
relied upon Carolina Builders Corp. v. Cenit Equity Co., 257 Va.
405, 512 S.E.2d 550 (1999).
Smith Mountain opposed the motions for summary judgment,
asserting that its inclusion of sums due for materials furnished
outside the limitation period is an inaccuracy that does not
invalidate the liens under Code § 43-15 and that it was entitled
to present evidence that its inclusion of such sums was an
inaccuracy, rather than a mistake. Smith Mountain relied upon
Reliable Constructors, Inc. v. CFJ Properties, 263 Va. 279, 559
S.E.2d 681 (2002).
The trial court heard the two actions together and, upon
the pleadings, memoranda of the parties, and argument of
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counsel, granted Windstar's motions for summary judgment and
dismissed Smith Mountain's actions to enforce the mechanic's
liens. The trial court determined that the inclusion of sums
for materials supplied outside the 150-day limitation period
rendered the mechanic's liens invalid and unenforceable. The
trial court also determined that Reliable Constructors did not
apply. We awarded Smith Mountain this appeal.
III
Code § 43-4 provides, in pertinent part, that "no
memorandum filed . . . shall include sums due for labor or
materials furnished more than 150 days prior to the last day on
which labor was performed or material furnished to the job
preceding the filing of such memorandum." Code § 43-15 provides
as follows:
No inaccuracy in the memorandum filed, or in the
description of the property to be covered by the lien,
shall invalidate the lien, if the property can be
reasonably identified by the description given and the
memorandum conforms substantially to the requirements
of §§ 43-5, 43-8 and 43-10, respectively, and is not
wilfully false.
On appeal, Smith Mountain contends that it should have been
permitted to present evidence to show that its inclusion of
charges outside the 150-day limitation period was an
"inaccuracy" within the meaning of Code § 43-15. Smith Mountain
also contends that the two cases relied upon by the parties,
Carolina Builders and Reliable Constructors, "reflect two
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divergent rationals [sic] which cannot be reconciled." Smith
Mountain asserts that substantial compliance is the appropriate
standard to apply in the present case.
Windstar contends that Code § 43-4 must be strictly
construed and that Smith Mountain's inclusion of charges outside
the limitation period renders its mechanic's liens
unenforceable. Windstar also contends that Code § 43-15 is not
applicable in, and that Reliable Constructors is distinguishable
from, the present case.
IV
We do not agree with Smith Mountain that Carolina Builders
and Reliable Constructors cannot be reconciled, and we agree
with Windstar and with the trial court that, pursuant to
Carolina Builders, the mechanic's liens sought to be enforced by
Smith Mountain are invalid and unenforceable. Therefore, we
will affirm the trial court's judgments invalidating the
mechanic's liens.
In Carolina Builders, the builder filed a memorandum of
mechanic's lien for sums owed to it for materials it had
supplied for the construction of a residence. 257 Va. at 407,
512 S.E.2d at 550-51. The memorandum included sums due for
materials furnished prior to the 150-day limitation period, and
one of the defendants in the builder's enforcement action filed
a motion for summary judgment on the ground that the lien was
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invalid under Code § 43-4. Id. at 408, 512 S.E.2d at 551. The
trial court agreed. Id. at 409, 512 S.E.2d at 551. In
affirming the judgment of the trial court, we concluded that the
150-day limitation period "is one of the prerequisites required
by Code § 43-4 in order to perfect a mechanic's lien," and we
cited the longstanding rule that "statutes dealing with the
existence and perfection of a mechanic's lien must . . . be
strictly construed." Id. at 410-11, 512 S.E.2d at 552-53. We
also noted that Code § 43-15 was not applicable. Id. at 411
n.2, 512 S.E.2d at 553 n.2.
In Reliable Constructors, a subcontractor that had supplied
labor and materials for plumbing and mechanical work to a travel
plaza construction project filed a memorandum of mechanic's
lien, which it sought to enforce. 263 Va. at 280, 559 S.E.2d at
682. The memorandum included a claim for reimbursement of a
$250 fine that had been levied against the subcontractor by the
Commonwealth for failure to provide on-site hand-washing
facilities for the subcontractor's employees. Id. The
defendants filed a motion to dismiss on the ground that the lien
was invalid under Code § 43-4 because the fine had been levied
prior to the 150-day limitation period. Id. at 281, 559 S.E.2d
at 682. The trial court agreed and dismissed the
subcontractor's enforcement action. Id. In reversing the
judgment of the trial court, we held that the subcontractor
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should have been permitted to present evidence that the
inclusion of the fine in the memorandum constituted an
inaccuracy within the meaning of Code § 43-15 and that the
inaccuracy was not willfully false. Id. at 282, 559 S.E.2d at
682-83.
In reaching our holding in Reliable Constructors, we noted
that "[t]he word 'inaccurate' is defined as: 'not accurate: as
. . . containing a mistake or error.' " Id. at 282-83, 559
S.E.2d at 682 (quoting Webster's Third New International
Dictionary 1139 (1986)). Thus, we focused on the nature of the
sum erroneously included in the memorandum, and we distinguish
Reliable Constructors on this basis. A fine is clearly not a
sum due for labor performed or materials furnished and is,
therefore, not recoverable by a mechanic's lien. The inclusion
of a fine in a memorandum is akin to claming a larger sum than
the lien claimant's proof would support rather than a violation
of a statutory prerequisite to perfect a mechanic's lien.
In the present case, Smith Mountain violated one of the
prerequisites required by Code § 43-4 in order to perfect its
mechanic's liens. Code § 43-15 has no application.
V
We hold, therefore, that the inclusion in the memoranda of
charges for materials supplied outside the 150-day limitation
period in Code § 43-4 rendered Smith Mountain's mechanic's liens
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invalid and unenforceable and that the trial court did not err
in so ruling. Accordingly, we will affirm the judgments of the
trial court.
Affirmed.
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