Supreme Court of Arkansas

Hammerhead Contracting & Development, LLC, and Brandon Holmes, Appellants v. Dale Ladd, Appellee

April 14, 2016489 S.W.3d 654

Summary

The court held that the statutory direct-sale exception to the residential preconstruction-notice requirement can apply to a general contractor when the homeowner orders materials or services directly from that contractor. Because the circuit court incorrectly concluded that the exception could never apply to a contractor, the court reversed the summary judgment, lien cancellation, and dismissal, and remanded for further proceedings. Justice Wynne, joined by Justices Goodson and Wood, dissented, asserting that the majority's interpretation nullified the notice statute and would have affirmed.