Question
Fayette Country Club hired Bend Tarp and Liner to install a liner in a pond on its golf course. A day after the liner had
Fayette Country Club hired Bend Tarp and Liner to install a liner in a pond on its golf course. A day after the liner had been installed, the club pro discovered that a section of the pond wall had collapsed. As a result, the pond liner had torn and water escaped from the pond. The club pro believed that the water loss was due to the torn liner and Bend Tarp and Liner argued that the collapse of the wall was responsible for the tear. Fayette refused to pay Bend unless Bend agreed to repair the lining. Bend refused. Can Bend file a construction lien (mechanics lien) against the country club? Explain.
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