OF JUDGMENT: 11/20/2017
HARRISON COUNTY CHANCERY COURT HON. JENNIFER T. SCHLOEGEL
COURT ATTORNEYS: SAMUEL DEUCALION GREGORY VINCENT J.
ATTORNEYS FOR APPELLANT: CABLE MATTHEW FROST SAMUEL DEUCALION
ATTORNEY FOR APPELLEE: VINCENT J. CASTIGLIOLA, JR.
RANDOLPH, P.J., MAXWELL AND BEAM, JJ.
RANDOLPH, PRESIDING JUSTICE.
Land Holdings I, LLC, d/b/a Scarlet Pearl, LLC
("Casino"), sought to expunge a lien filed by GSI
Services, LLC ("GSI"). The chancellor denied the
Casino's petition to expunge the lien because GSI
performed work at the Casino within ninety days of filing its
lien. Finding no error, we affirm the chancellor's order.
AND PROCEDURAL HISTORY
The Casino contracted with Southern-ITS Corporation
("SITS") for the installation of a surveillance
access-control system at the Scarlet Pearl Casino. SITS
subcontracted with GSI to complete portions of its contract.
The contract provided that the Casino would pay SITS $1, 493,
000, which included $1, 242, 000 for equipment and $251, 000
for labor to install the equipment. The Casino paid SITS the
entire amount of the contract.
After receiving payment for the contract amount, SITS
withheld payment of money owed to GSI for the labor portion
of the contract, contending that GSI had yet to perform all
work under the contract. SITS subsequently sued GSI for
damages, and GSI filed a counterclaim.
As a result of SITS's withholding the labor component of
its contract, GSI filed a Notice of Claim of Special Lien
against the Casino. GSI asserted that it performed labor
and/or services on several occasions within ninety days of
filing its notice of lien. The Casino sought to expunge the
lien, alleging, inter alia, that GSI did not file
its claim of lien within ninety days of the last work
Mark Wiggins, the operations manager with GSI, was the only
witness who testified at the hearing. Wiggins testified that
he was GSI's project manager for the Casino project from
its beginning, that his job was to supervise the work
performed by GSI at the Casino, and that he had personal
knowledge regarding the work performed by GSI for the Casino
during 2015 and 2016.
Wiggins testified that, under its subcontract with SITS,
"GSI was to provide both equipment and labor in the form
of installations for [the] access control system. . . ."
The contract began on July 10, 2015, and allotted 270 days
for completion. However, GSI was requested to expedite its
work so that the Casino could open by December 9, 2015.
Although the ...