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U.S. Filter Distribution Group12/14/1999
We granted U.S. Filter Distribution Group, Inc.'s ("U.S. Filter") motion for interlocutory review to determine whether the time computation method adopted in OCGA § 1-3-1 (d) (3) applies to the filing of materialman's liens. We conclude that it does not, and affirm the trial court's denial of U.S. Filter's motion for summary judgment.
This case involves a suit to foreclose a materialman's lien. The record shows that Ranger Construction contracted with Jimmy Barnett and Buckeye Land & Timber Co., Inc. ("Barnett and Buckeye"), the appellees, to install a water system in connection with the development of a residential subdivision. Ranger Construction installed the subdivision's water system pipes, valves and fire hydrants. U.S. Filter supplied the materials Ranger Construction used to install the water system.
By December 9, 1996, Ranger Construction had installed the complete water system except for three of the eleven fire hydrants required by the local governmental authorities. Ranger Construction installed the valves to which the three fire hydrants would be connected so that chemical testing of the system could be performed. The system was tested on December 9, 1996 and approved by the City of Jefferson. Based on this approval, Barnett and Buckeye made its final payment to Ranger Construction.
On January 20, 1997, U.S. Filter delivered the final three fire hydrants, which were installed by Ranger Construction in early February. When Ranger Construction failed to pay for the materials supplied by U.S. Filter, U.S. Filter recorded a materialman's lien on Barnett and Buckeye's property. This lien was recorded on April 21, 1997.
U.S. Filter sued Barnett and Buckeye to foreclose on the materialman's lien. The trial court denied its motion for summary judgment, finding, in part, that U.S. Filter failed to file its property lien within the three month time limit required by the lien statute. OCGA § 44-14-361.1 (a) (2). This denial of summary judgment must be affirmed if it is right for any reason. See Phinazee v. Interstate Nationalease, 237 Ga. App. 39, 40 (514 SE2d 843) (1999).
1. In its order, the trial court finds that U.S. Filter failed to file its lien within the required three month period because (1) there is no evidence that a contract existed between Ranger Construction and Barnett and Buckeye after the water system was approved on December 9, 1996 and (2) there is no evidence that the fire hydrants delivered on January 20, 1997 were ordered prior to December 9, 1996. In our de novo review of the record, we have found evidence showing that the fire hydrants at issue were ordered prior to December 9, 1996 and that Barnett and Buckeye contracted with Ranger Construction for the installation of eleven fire hydrants, including the three delivered on January 20, 1997. However, we need not delve into this issue because regardless of any contract and regardless of when the fire hydrants were ordered, it is undisputed that the final three fire hydrants were delivered on January 20, 1997. This being the case, the lien filed by U.S. Filter on April 21, 1997 was not timely filed.
OCGA § 44-14-361.1 (a) (2) specifically provides that liens must be filed "within three months after the material or machinery is furnished." In this case, the final delivery of the material was January 20, 1997. Thus, U.S. Filter needed to file its lien within three months of January 20, 1997. It is undisputed that the lien was not filed until April 21, 1997.
U.S. Filter argues that the trial court erred in failing to apply the time computation method of OCGA § 1-3-1 (d) (3) to the three month recording requirement of OCGA § 44-14-361.1 (a) (2). Th
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