K.C. COMPANY, INC. Plaintiff,
WRK CONSTRUCTIO, INC. and MELANIE BALLARD, Defendants.
Submitted: November 28, 2018
Defendant Melanie Ballard's Motion to Dismiss. Denied.
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.
William L. Witham, Jr., Resident Judge
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 motion is
DENIED pursuant to Superior Court Civil Rule
AND PROCEDURAL HISTORY
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
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.
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
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.
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.
filed its claim for mechanic's lien complaint on March
29, 2018. WRK and Ballard then filed what appears to be an