ADVANCED RESOURCE SOLUTIONS, LLC, an Arizona limited liability company, Plaintiff/Appellant,
STAVA BUILDING CORPORATION, an Oklahoma corporation and MID-CONTINENT CASUALTY COMPANY, Defendants/Third-Party Plaintiffs/Appellees,
MCDERMOTT ELECTRIC, LLC, an Oklahoma limited liability company, Third-Party Defendant.
Mandate Issued: 05/15/2019
FROM THE DISTRICT COURT OF OKLAHOMA COUNTY, OKLAHOMA
HONORABLE DON ANDREWS, TRIAL JUDGE.
R. Tracy, RESOLUTION LEGAL GROUP, Oklahoma City, Oklahoma,
M. Regens, GABLEGOTWALS, Oklahoma City, Oklahoma, for
L. GOODMAN, JUDGE.
Advanced Resource Solutions, LLC (ARS) appeals an April 3,
2018, order granting summary judgment to Stava Building
Corporation (Stava) and Mid-Continent Casualty Company
(Mid-Continent). Based on our review of the record and
applicable law, we affirm the order under review.
ARS is a temporary staffing company. On January 15, 2014, ARS
and McDermott Electric, LLC (McDermott) entered into a
contract for ARS to provide it with temporary laborers, such
as licensed apprentice and journeymen electricians, for use
on various commercial construction projects. McDermott used
these laborers on a Luther-Walmart project (Walmart Project).
Stava was the general contractor for the Walmart Project and
McDermott was Stava's electrical subcontractor.
On March 29, 2016, ARS filed a petition, asserting it had
provided McDermott with laborers for commercial construction
on an open account from January of 2015 through June 4, 2015,
that it had invoiced McDermott for the labor in the amount of
$115, 706.50, and that McDermott had failed to pay for the
services. To secure payment, ARS executed and filed with the
Oklahoma County Clerk a Mechanic and Materialman's Lien
Statement on August 13, 2015, pursuant to 42 O.S.2011 and
Supp. 2013, § 143 (ARS Lien). On January 19, 2016, Stava
posted a Bond to Discharge Mechanic's Lien, No. 1014148,
with Mid-Continent as surety.
Stava and Mid-Continent answered, generally denying the
allegations. Stava and Mid-Continent further filed a
third-party petition against McDermott, seeking an
ARS filed a motion for summary judgment on July 25, 2017,
asserting that as a temporary staffing company it was
entitled to recover from the lien discharge bond as it was a
supplier of labor. Thus, it was a proper lien claimant
pursuant to Oklahoma's lien statutes. See
generally, 42 O.S.2011, § 141 et seq.
Stava responded, disputing ARS's assertion. Stava
asserted that to come within the scope of the mechanics's
lien statute, ARS must have "performed labor."
See 42 O.S.2011 and Supp. 2013, § 143.
On January 24, 2018, Stava filed a motion for summary
judgment, asserting ARS was a professional employer
organization (PEO) and did not "perform labor" as
required under the lien statutes. Therefore, ARS, a supplier
or provider of labor, was not within the class of persons
entitled to assert a mechanics's lien in Oklahoma. ARS
disagreed, asserting it was not a PEO but rather a temporary
staffing company, as it was the direct employer of the
licensed journeymen and apprentice electricians that worked
on the Walmart Project. Thus, it was the employer that
furnished labor within the meaning of the lien statutes and
therefore a proper lien claimant.
By order entered on April 3, 2018, the trial court found that
ARS was not within the class of persons entitled to claim a
mechanic's lien under the Oklahoma statutes. Accordingly,
the court granted Stava's motion for summary ...