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This interlocutory appeal presents a matter of first impression under Indiana law—whether a subcontractor who performs labor for a construction project at a location other than the project site is considered a “materialman” under Indiana’s mechanic’s lien statute, Indiana Code § 32-28-3-1.
Appellant, Service Steel Warehouse Co., L.P., supplied raw steel to Troll Supply, a subcontractor on a construction project owned by Appellee, United States Steel Corp. Troll Supply, in turn, fabricated steel components in Texas and delivered them to U.S. Steel’s project site in Indiana. When Troll Supply failed to pay Service Steel for the materials it supplied, Service Steel filed a mechanic’s lien against U.S. Steel’s project site. The trial court subsequently entered summary judgment in favor of U.S. Steel on Service Steel’s mechanic’s lien foreclosure claim.
Service Steel is a materialman. If, by virtue of its off-site labor, Troll Supply is considered a materialman as well, Service Steel is not entitled to a mechanic’s lien against U.S. Steel under Indiana’s “remoteness doctrine,” which bars materialman-to-materialman-based mechanic’s liens.
The scheduled panel members are Judges Mathias, Altice, and Weissmann.