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

Summary

The court held that the statutory direct-sale exception applies according to its plain language when a homeowner orders materials or services directly from the lien claimant, including a contractor. Because the parties agreed that Ladd’s dealings with Hammerhead constituted a direct sale, Hammerhead was not required to provide the residential preconstruction notice, so the circuit court improperly granted summary judgment and canceled the lien. Justice Wynne, joined by Justices Goodson and Wood, dissented, reasoning that the majority’s interpretation rendered the notice requirement effectively meaningless for general contractors.