Registering a lien under the name of the company contracted to
do the work seems straightforward enough. However, when the name on
the lien isn't the same as on the original contract, and the
owner claims not to recognize it, can the lien be ruled invalid and
any security held in trust returned?
"Blueprint Custom Homes c/o Scott Klippenstein" was
hired to build a custom home. A year after work had begun,
Klippenstein had not received payment. He registered a lien against
the owners. However, he did so under the name of his corporation,
Klippenstein Development Corp. (KDC).
The defendants' position was that there was no indication
Klippenstein was acting as an agent for KDC when he signed the
contract, therefore KDC was not "engaged" by them to
perform any work.
