Guam High Court Reverses Dismissal of Core Tech’s Lien Against Hanil

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Guam -The Supreme Court of Guam has reversed the Superior Court’s decision in Core Tech v. Hanil.

In an opinion authored by Justice F. Philip Carbullido and concurred by Chief Justice Robert J. Torres and Justice Katherine A. Maraman, the court determined that the Superior Court erred in granting Hanil’s dismissal motion

The case involves a mechanics lien dispute by Core Tech against Hanil involving a beach property in Tumon.

The Superior Court found that Core Tech’s lien against Hanil was filed too late and that Core Tech failed to provide notice to Hanil “as statutorily required.” As a result the Superior Court said it did not have jurisdiction. The lower court also found that Core Tech failed to state a claim upon which relief may be granted.

*The Supreme Court found that “the actual date that labor stopped is a factual dispute that must be determined by the Superior Court.”

*The court also held that Core Tech substantially complied with the requirement to file notice of its lien, even though the notice was late

*Moreover, the court ruled that failure to comply with the filing requirement did not divest the Superior Court of personal jurisdiction

* Finally, the Supreme Court found that in reading Core Tech’s complaint and mechanics’ lien together, Core Tech set forth sufficient facts showing that it was entitled to relief and therefore, Core Tech had stated a claim and dismissal of that claim was unwarranted.

Accordingly, the dismissal was reversed and the case sent back to the Superior Court.

The court also held that Core Tech
substantially complied with the statutory requirement to file notice despite the notice

being late and moreover, that the failure to comply with the filing requirement did not
divest the Superior Court of personal jurisdiction