Massey Et Al.v.Duke Builders, Inc.
John and Stephanie Massey hired Duke Builders to rebuild their home after a fire. The Georgia Supreme Court considered whether anticipated profits could be included in a materialmen’s lien and whether including those profits invalidated the entire lien. The court affirmed the Court of Appeals. It held that anticipated profits were not lienable because the lien statute covered labor and materials rather than prospective profit. But the improper amount did not void the entire lien. The lien could remain effective for the properly lienable amount, and the trial court could direct an amendment removing the non-lienable profits. The decision preserved the lien while limiting its recoverable scope.
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