Contracts : Construction – Mechanics’ Liens – First Spade Priority

Stephanie Maniscalco//March 12, 2014

Where a condominium construction project failed and contractors sought to enforce their mechanics’ liens, the trial court properly found that the contractors had priority interests under the first spade rule and waiver doctrine superior to the interest of the deed of trust of the bank’s successor in interest, and the contractors did not show that the award of attorney’s fees was an abuse of discretion.

Judgment is affirmed.

Grau Contracting, Inc. v. Captiva Lake Investments (MLW No. 66126/Case No. SD32382/SD32406 – 10 pages) (Missouri Court of Appeals, Southern District, Scott, J.) Appealed from circuit court, Camden County, Drumm Jr., J. (Michael A. Gross and Joseph Fredric Yeckel, St. Louis, for appellant) (Joseph Michael Schmid, Jefferson City, Marjorie Marie Lewis, Columbia, Joseph Charles Blanner, Chesterfield, Jill Renee Jackson, Columbia, James Kent Lowry, Jefferson City, and Jeffery Thomas McPherson, St. Louis, for respondents).

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