Hadrup v. Sale

Normandy Village, Incorporated, owned a number of lots in a residential subdivision located in Virginia. In 1956 Normandy Village hired A. Hadrup (plaintiff) to perform plumbing and heating work for lot 67 in the subdivision. On March 19, 1957, Thomas and Margaret Sale (defendants) purchased lot 67 from Normandy Village. On July 29, Hadrup filed a mechanic’s lien in the amount of $1,265 against lot 67. In August, the entire construction of the home on lot 67 was completed. Although Hadrup’s lien was filed in July, Hadrup had completed his portion of the plumbing and heating work in March prior to the Sales’ acquisition of the lot. Hadrup filed suit to seek the enforcement of the mechanic’s lien. During a consolidated action with other similarly situated lienholders, a special commissioner was appointed to collect evidence and issue a report. The commissioner’s report established that Hadrup’s lien was a valid lien against the lot. Exceptions were filed, and the court ultimately held that because Hadrup’s portion of the work had concluded prior to the Sales’ acquisition of the lot, Hadrup’s work was deemed otherwise terminated upon the sale of the lot within the meaning of § 43-4 of the Virginia Code of 1950. Consequently, because Hadrup’s lien was not filed within 60 days of the lot’s sale, the lower court held that his lien was invalid. Hadrup appealed this determination, asserting that the court had misconstrued § 43-4. Specifically, Hadrup argued that the work remained in progress at the time his lien was filed. Therefore, the completion of the home on the lot, rather than the date of the conveyance of the property or termination of his portion of the work, should be the date used for calculating the 60-day time frame for filing the lien.