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K.C. Company Inc. v. WRK Constructio, Inc.

Superior Court of Delaware

January 24, 2019

K.C. COMPANY, INC. Plaintiff,
v.
WRK CONSTRUCTIO, INC. and MELANIE BALLARD, Defendants.

          Submitted: November 28, 2018

         Upon Defendant Melanie Ballard's Motion to Dismiss. Denied.

          James E. Huggett, Esquire of Margolis Edelstein, Wilmington, Delaware; attorney for the Plaintiff.

          Kristin C. Collison, Esquire of Hudson Jones Jaywork & Fisher, Dover, Delaware; attorney for the Defendants.

          ORDER

          William L. Witham, Jr., Resident Judge

         INTRODUCTION

         Presently before this Court is defendant's motion to dismiss the plaintiffs in rem mechanics' lien action filed on March 29, 2018 by K.C. Company Inc., ("K.C.") against WRK Construction Inc. ("WRK") and Ms. Melanie Ballard ("Ballard"). The Court has accepted K.C.'s well-pleaded allegations as true, and for the reasons set forth below, Ballard's[1] motion is DENIED pursuant to Superior Court Civil Rule 12(b)(6).[2]

         FACTUAL AND PROCEDURAL HISTORY

         1. The Plaintiff, K.C, is a Delaware Corporation with its principle place of business located in Beltsville, Maryland and operates as a general contracting labor and materials supplier.

         2. WRK, a co-defendant, is a Delaware Limited Liability Company ("LLC") with its principle place of business in Delaware. Co-defendant Ballard is the owner of WRK. She has a mailing address in Clayton, Delaware.

         3. On or about September 28, 2017, K.C. entered into a contractual agreement with WRK to supply labor and materials for a structure located at 512 Smyrna-Leipsic Road ("Property") in Smyrna, Delaware. The contract contained Ballard's mailing and electronic mail addresses as contact information and her signature was provided K. C. Company, Inc. v. WRK Constr. Inc. & Melanie Ballard C.A. No. K18L-03-049 WLW January 24, 2019 under the "customer signature" line. The materials were to be furnished on the credit of the structure located on the property. K.C.'s review of "certain documents" indicated that Ballard was the reputed owner of the property at the time of the September 2017 contract signing.[3]

         4. On November 29, 2017, K.C. delivered the materials and to some extent, labor, that it contractually was obligated to provide to WRK and Ballard. This was the last time any materials and/or labor was provided to the Defendants.[4]

         5. WRK recorded its deed to the property on June 19, 2018, approximately eight and a half months after WRK and K.C. entered into contract and, as stated below, almost three months after K.C. filed its complaint.

         6. K.C. filed its claim for mechanic's lien complaint on March 29, 2018. WRK and Ballard then filed what appears to be an untimely ...


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