In this dispute between property owners and the contractor they hired to build a house, we granted the property owners’ petition for certiorari to consider two questions: (1) whether anticipated profits can be included in a materialmen's lien and (2) if so, whether the improper inclusion of such profits renders the entire lien void. As explained below, because the Court of Appeals correctly held that anticipated profits may not be included in a lien and that their inclusion does not invalidate the entire lien, see Duke Builders, Inc. v. Massey , 351 Ga. App. 535, 537-539, 831 S.E.2d 172 (2019), we affirm. 1.
See Duke Builders, Inc. v. Massey, 351 Ga.App. 535 (831 S.E.2d 172) (2019). Viewed in the light most favorable to the non-movant, Citadel Siding and Distribution, LLC ordered the materials using an existing credit account for Citadel Roofing and Remodeling, LLC, which was a related, but separate entity.
"This Court applies a de novo review to the grant or denial of summary judgment, viewing the evidence in the light most favorable to the non-movant." Duke Builders v. Massey , 351 Ga. App. 535, 535, 831 S.E.2d 172 (2019). So viewed, the evidence shows that West Main is the owner and developer of a town home project in Fulton County, Georgia.