HSSM Attorneys Win Significant Appellate Decision after Prevailing at Trial

The Court of Appeals affirmed a significant verdict in favor of one of HSSM’s clients, enforcing its mechanic’s lien on real property improved by the client.  HSSM partners, Ben Martin and Mark Kutny, represented a grading and asphalt contractor that improved a large residential development near Asheville.  After a trial on the merits, the Court entered a verdict in favor of HSSM’s client awarding hundreds of thousands of dollars in damages, interest and attorneys’ fees under North Carolina lien statutes.  In addition, the Court found that the lien of HSSM’s client was superior to the lender’s Deed of Trust, allowing HSSM’s client to institute foreclosure proceedings on the real property to enforce its judgment ahead of the Deed of Trust.  The trial court’s verdict was affirmed by the appellate court this fall.