Rocky Mountain Steel Foundations, Inc., Plaintiff and Appellant
Brockett Company, LLC and Amber Brockett, Defendants and Mitchell's Oil Field Services, Inc., aka Wood Group; and Travelers Casualty and Surety Company of America, Defendants and Appellees
from the District Court of McKenzie County, Northwest
Judicial District, the Honorable Robin A. Schmidt, Judge.
L. Rogneby (argued) and Briana L. Rummel (appeared),
Bismarck, ND, for plaintiff and appellant.
Nicholas C. Grant, Dickinson, ND, for defendants and
appellees Mitchell's Oil Field Services, Inc., also known
as Wood Group, and Travelers Casualty and Surety Company of
1] Rocky Mountain Steel Foundations, Inc., appeals from a
judgment invalidating its oil and gas construction liens and
awarding attorney fees to Mitchell's Oil Field Services,
Inc., also known as Wood Group, and Travelers Casualty and
Surety Company of America (collectively
"Mitchell's"). We reverse the judgment and
remand, concluding the district court erred as a matter of
law by finding N.D.C.C. § 35-24-04 invalidated Rocky
Mountain's liens and in awarding Mitchell's statutory
2] The parties stipulated to the following facts:
1. On May 22, 2014 Mitchell's, as general contractor,
entered into a contract with Brockett Company, LLC, as
subcontractor, and Amber Brockett, as personal guarantor
(collectively "Brockett"), to purchase construction
materials for installation on certain oil wells.
2. On May 22, 2014 Brockett purchased materials from Rocky
Mountain to fulfill Brockett's contract with
3. On June 12, 2014 Mitchell's paid Brockett in full.
4. On June 20, 2014 Rocky Mountain delivered the materials.
Mitchell's installed the materials.
5. On October 24, 2014 Rocky Mountain recorded two oil and
gas well liens against the wells because Brockett had not
paid Rocky Mountain. Rocky Mountain sent written notice of
the liens by certified mail. The owners received notice on or
about November 11, 2014.
6. On November 20, 2014 Mitchell's recorded lien release
bonds with the McKenzie County Recorder. The liens were