THIS OPINION HAS NO PRECEDENTIAL VALUE.† IT SHOULD NOT BE CITED OR RELIED ON AS
PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 239(d)(2), SCACR.
THE STATE OF
In The Court of Appeals
Teddy Walls, formerly d/b/a Crafts Unlimited, Appellant/Respondent,
Reed Porter & RAF, LLC, Respondent/Appellant.
G. Edward Welmaker, Circuit Court Judge
Unpublished Opinion No. 2006-UP-089
Heard November 9, 2005 Ė Filed February 10, 2006
REVERSED AND REMANDED
Weston Trey Merck, of
Piedmont, for Appellant-Respondent.
Thomas Elihue Dudley, III, of
Greenville, for Respondent-Appellant.
PER CURIAM: †Contractor Teddy Walls appeals the trial courtís dismissal of his mechanicís lien action for failing to timely file his notice and certificate of mechanicís lien and foreclosure action where the notice and action were erroneously brought in the name of Crafts Unlimited Contractors, Inc., a corporation Walls formed after entering into the construction contracts.† Reed Porter & RAF, LLC filed a cross-appeal asserting the trial court erred in denying their request for attorneyís fees.† We reverse the dismissal of Wallsí action and remand.
On July 28, 2003, Teddy Walls, as the Owner of Crafts Unlimited, a sole proprietorship, entered into two construction contracts with Reed Porter & RAF, LLC (Reed/Porter).† One contract price was $150,000.00.† The other was $740,000.00.† In December of 2003, Walls incorporated his business under the name Crafts Unlimited Contractors, Inc (the Corporation).† Walls was terminated from the projects in January of 2004. Although Walls performed the work under the contracts doing business as Crafts Unlimited, the sole proprietorship, he filed a notice and certificate of mechanicís lien that he had signed on behalf of the Corporation on February 24, 2004.† The Corporation subsequently brought this action on May 4, 2004 seeking foreclosure of the mechanicís lien as well as claims for breach of contract and unjust enrichment.† In its answer, Reed/Porter asserted the corporation lacked standing to bring the action as it could not establish an agreement with Reed/Porter to perform work.†
On June 7, 2004, Walls filed an amended summons and complaint and lis pendens under his own name, doing business as Crafts Unlimited, asserting claims for breach of contract, unjust enrichment, and foreclosure of a mechanicís lien.† Reed/Porter moved for partial summary judgment on the claim for foreclosure of the mechanicís lien.† It asserted as the Corporation did not contract to provide labor and materials, it never acquired any lien rights.
The trial court found that it was undisputed that the Corporation did not contract to provide labor and materials, and therefore never acquired any lien rights upon which to base a lien claim.† It ruled Walls, the current plaintiff, was a different, distinct entity from the Corporation.† It held that since it had been more than ninety days since Walls had done any work on the subject property, the error in naming the wrong party could not be cured.† Thus, as Walls did not timely file a notice of mechanicís lien, the mechanicís lien action must be dismissed.
As an additional sustaining holding, the court held that since the entity that filed the mechanicís lien was not properly licensed, it lacked standing to assert such a lien or lawsuit.† The court denied Reed/Porterís request for attorneyís fees.† This appeal followed.††
Walls argues the trial court erred in holding his notice of mechanicís lien and foreclosure action were not timely filed.† We agree.†
As a mechanicís lien is purely statutory, the requirements of the statute must be strictly followed.† Muller v. Myrtle Beach Golf & Yacht Club, 303 S.C. 137, 140, 399 S.E.2d 430, 432 (Ct. App. 1990), overruled on other grounds by Myrtle Beach Hosp., Inc. v. City of Myrtle Beach, 341 S.C. 1, 532 S.E.2d 868 (2000).† If any one of these requirements is not met, the lien against the property is dissolved.†
The mechanicís lien statutes set forth the time limits in which a person seeking to enforce a mechanicís lien must serve and file the notice and certificate of lien and foreclosure action.† Section 29-5-90 of the South Carolina Code provides the time limits for serving and filing the notice and certificate of lien:
[A mechanicís] lien shall be dissolved unless the person desiring to avail himself thereof, within ninety days after he ceases to labor on or furnish labor or materials for such building or structure, serves upon the owner or, in the event the owner cannot be found, upon the person in possession and files in the office of the register of deeds or clerk of court of the county in which the building or structure is situated a statement of a just and true account of the amount due him, with all just credits given, together with a description of the property intended to be covered by the lien sufficiently accurate for identification, with the name of the owner of the property, if known, which certificate shall be subscribed and sworn to by the person claiming the lien or by someone in his behalf and shall be recorded in a book kept for the purpose by the register or clerk who shall be entitled to the same fees therefor as for recording mortgages of equal length. . . .
S.C. Code Ann. ß 29-5-90 (Supp. 2005).†
A suit to enforce the lien must be commenced within six months of the cessation of labor. S.C.Code Ann. ß 29-5-120 (1991).
In the present case, Walls filed his amended summons and complaint and lis pendens within six months of his cessation of labor.† Thus, he complied with section 29-5-120 in timely commencing his suit to enforce the mechanicís lien.†† The amended action, however, was served and filed well after the 90-day time limit set forth in section 29-5-90 for serving and filing the notice of mechanicís lien.† Therefore, we must decide whether the notice served and filed on February 24, 2004 meets the requirements of the statute to preserve Wallsí lien.†
Walls, ďthe person desiring to avail himselfĒ of the lien, signed the notice himself, albeit on behalf of the Corporation.† He also signed the affidavit of mechanicís lien.† Walls merely captioned the notice with the Corporationís name.
Where the purpose of the requirement that a particular statement be included in the claim of lien has been achieved and no one is prejudiced, technical requirements should not stand in the way of achieving the purposes of the mechanicís lien law.† Even though a claim contains some defect or error it will be upheld where the owner is informed of the claim and not misled by it or prejudiced.†
53 Am.Jur. 2d Mechanicís Liens ß 235 (1996).
Reed/Porter presented no evidence that it was misled by this caption or that it was prejudiced in any manner.† In fact, it is impossible to discern how it could have been misled considering the documents were signed by Walls and the Corporationís name is the same as the name of Wallsí sole proprietorship.† We find under the facts of this case, Walls timely perfected his mechanicís lien.†
As an additional holding, the trial court held that since the entity that filed the mechanicís lien, the Corporation, was not properly licensed, it lacked standing to assert such a lien or lawsuit.† The Corporation, however, is no longer a party in this suit.† Walls, who is properly licensed, is the only party seeking to enforce the lien.†† The Corporationís lack of a license has no bearing on Wallsí claim against Reed/Porter.
Accordingly, the trial courtís dismissal of Wallsí action to foreclose the mechanicís lien is
REVERSED AND REMANDED.
HEARN, C.J., and HUFF and BEATTY, JJ., concur.†
 We decide this case without oral argument pursuant to Rule 215, SCACR.†
 As we reverse the trial courtís dismissal of Wallsí foreclosure action, we need not address Reed/Porterís claims that it was entitled to attorneyís fees.†