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MORRELL v. LUPE'S SHENANDOAH RESERVE, LLC

No. 09-11-00284-CV.

363 S.W.3d 901 (2012)

MORRELL MASONRY SUPPLY, INC., Appellant, v. LUPE'S SHENANDOAH RESERVE, LLC, Appellee.

Court of Appeals of Texas, Beaumont.

Decided March 22, 2012.

Attorney(s) appearing for the Case

Karalynn Cromeens , The Cromeens Law Firm, P.L.L.C., Tina Snelling, Houston, for appellant.

Craig H. Clendenin , Cokinos, Bosien & Young, Houston, for appellee.

Before McKEITHEN, C.J., KREGER and HORTON, JJ.

OPINION

CHARLES KREGER, Justice.

This case requires us to decide whether a materialman to a subcontractor must give notice to the original contractor to perfect a lien and to recover on fund-trapping and retainage claims against the landowner. Because the statute that creates the rights of derivative suppliers requires timely notice to perfect a lien, we hold that a failure to provide notice in accordance with the statute precludes recovery.

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