Summary 2010 WY 62

Summary of Decision issued May 18, 2010

Summaries are prepared by Law Librarians and are not official statements of the Wyoming Supreme Court.

Case Name: Alpine Lumber Co. v. Capital West Nat’l Bank

Citation: 2010 WY 62

Docket Number: S-09-0057

Appeal from the District Court of Natrona County, the Honorable David B. Park, Judge.

Representing Alpine Lumber: Patrick Dixon, Casper, Wyoming.

Representing Capital West: John C. Patton, Terry W. Connolly of Patton & Davison, Cheyenne, Wyoming.

Facts/Discussion: Alpine Lumber supplied materials to a residential construction project in Casper and did not receive payment. Alpine filed liens within 120 days of providing material and contends the liens were timely because Alpine was a “contractor” under Wyoming’s lien statutes. Resolution of the issue depends upon interpretation of the lien statutes. Under the Wyoming statutes, if Alpine was a contractor, it had 120 days from the last date it provided work, services, or materials to file the liens; if Alpine is a materialman, the 90 day time limitation applies.
McDonald Homes began a project of developing and constructing some thirty residential homes on properties it owned in Casper in 2006. Capital West provided the financing for the projects. Alpine entered into contracts with McDonald to provide materials for the construction of the residences on McDonald’s property. Alpine argued that since it contracted directly with the owner of the property, it fit the definition of “contractor”. In Weyerhauser, the Court held that the supplier of materials to an owner was not a contractor. The Court relied upon stare decisis in their decision to not steer away from the current interpretation of the statute.

Conclusion: Alpine was a materialman and the applicable statutes required the liens to be filed within 90 days of providing the materials.

Affirmed.

J. Kite delivered the decision.

Link: http://tinyurl.com/2wgk49l .

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