CARSON v. ROEDIGER

No. 93-271.

513 N.W.2d 713 (1994)

Judy CARSON d/b/a Savage Lumber Co., Appellant, v. Wesley G. ROEDIGER and Karen M. Roediger, Appellees, and Carpetland U.S.A., Inc., Defendant.

Supreme Court of Iowa.

March 23, 1994.


Attorney(s) appearing for the Case

Jon M. McCright of Fisher, Ehrhart, McCright & Turner, Cedar Rapids, for appellant.

Gregory J. Epping of Terpstra, Terpstra & Epping, Cedar Rapids, for appellees Roedigers.

William J. Wimmer and David A. Bolte of Wasker, Dorr, Wimmer & Marcouiller, P.C., Des Moines, for amicus curiae Iowa Lumber Ass'n.

No appearance by Carpetland U.S.A.

Considered by McGIVERIN, C.J., and HARRIS, LARSON, LAVORATO, and NEUMAN, JJ.


HARRIS, Justice.

In 1981 the legislature extensively amended Iowa statutes on mechanic's liens in order to ensure, according to the bill's preamble, "that the lien of a subcontractor is not enforceable... except to the extent of the amount owed to the principal contractor at the time" of notice of the lien. 1981 Iowa Acts ch. 186. This dispute is within the familiar pattern in which the principal contractor fails in his obligations and the courts must decide who,...

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