C&S Lease Service, LLC v. Northern Natural Gas Company, all unknown lien holders of property locally known as 1215 Yale Avenue, Garner, Iowa, 50438, and All Parties in Possession
CourtCourt of Appeals of Iowa
Date FiledMay 13, 2026
Docket25-0878
StatusPublished
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Full Opinion
IN THE COURT OF APPEALS OF IOWA
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No. 25-0878
Filed May 13, 2026
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C&S Lease Service, LLC,
Plaintiff–Appellant,
v.
Northern Natural Gas Company, all unknown lien holders of property
locally known as 2315 Yale Avenue, Garner, Iowa, 50438, and All
Parties in Possession,
Defendants–Appellees.
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Appeal from the Iowa District Court for Hancock County,
The Honorable Rustin Davenport, Judge.
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AFFIRMED
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John E. Lande (argued) and William M. Reasoner of Dickinson, Bradshaw,
Fowler, & Hagen, P.C., Des Moines, attorneys for appellant.
Jackson G. O’Brien (argued) and Jodie C. McDougal of Fredrickson &
Byron, P.A., Des Moines, attorneys for appellee Northern Natural Gas
Company.
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Heard at oral argument
by Schumacher, P.J., Chicchelly, J., and Mullins, S.J.
Opinion by Schumacher, P.J.
1
SCHUMACHER, Presiding Judge.
C&S Lease Service, LLC (C&S) appeals the district court’s grant of
summary judgment in favor of Northern Natural Gas Company on C&S’s
petition seeking foreclosure of a mechanic’s lien. The district court
concluded C&S failed to comply with the statutory notice requirements
necessary to preserve lien rights under Iowa Code section 572.33 (2024).
Because no genuine issues of material fact exist and Northern Natural Gas
Company was entitled to judgment as a matter of law, we affirm.
I. Background Facts and Proceedings
Northern Natural Gas Company (NNG) owns real property in Garner
upon which it operates a liquefied natural gas facility. In June 2023, NNG
contracted with K & K, Inc. (K & K) to act as the general contractor for
renovation and construction work at the facility. The project constituted
commercial construction governed by Iowa Code chapter 572. K & K
subcontracted portions of the work to Wy-Con, LLC (Wy-Con), which in
turn retained C&S to furnish labor and materials. C&S had no direct
contractual relationship with either NNG or K & K.
C&S began performing work in August 2023. Wy-Con submitted
invoices for its work to K & K, and K & K paid those invoices in full. The
invoices submitted by Wy-Con did not include C&S’s charges and made no
reference to C&S. During construction, C&S was not identified to K & K as
a subcontractor or sub-subcontractor, except incidentally on two occasions.
First, K & K received a forwarded e-mail concerning an unrelated training
matter that included a C&S employee’s domain name and signature block.
Second, Wy-Con transmitted an insurance certificate to K & K listing C&S
as the policyholder. When K & K sought clarification, Wy-Con explained that
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C&S functioned merely as a “passthrough entity” for insurance purposes,
and no further information was provided.
After Wy-Con failed to pay C&S for all labor and materials allegedly
furnished, C&S filed a mechanic’s lien against NNG’s property on March
28, 2024. The lien did not certify that C&S had provided written notice to
the general contractor, as required for sub-subcontractors under Iowa Code
section 572.33.
On August 2, 2024, C&S commenced this action seeking foreclosure
of its mechanic’s lien and leave to amend the lien filing. NNG answered,
denying liability and asserting that C&S failed to comply with the statutory
notice requirements necessary to preserve lien rights. See Iowa Code § 572.33
(setting forth notification requirements prerequisite to a valid mechanic’s
lien for commercial construction). C&S responded that the forwarded e-mail
relating to the training matter satisfied Iowa Code section 572.33(2)(a)
because the C&S employee’s signature block contained the name, address,
and contact information specified by statute.
NNG moved for summary judgment, arguing C&S did not provide the
notice required by section 572.33(2)(a) and therefore was not entitled to a
mechanic’s lien as a matter of law. C&S resisted and filed a cross-motion for
summary judgment, contending that written communications exchanged
during the project satisfied the statutory notice requirement or, alternatively,
that any deficiency was technical and subject to amendment.
Following a hearing, the district court granted summary judgment in
favor of NNG. The court concluded that although strictly speaking C&S
conveyed the required information, it failed to provide the notice
contemplated by the statute’s purpose and intent. C&S appeals.
3
II. Standard of Review
Our review of the district court’s ruling on a motion for summary
judgment is for the correction of errors at law.1 Jahnke v. Deere & Co., 912
N.W.2d 136, 141 (Iowa 2018). Summary judgment is appropriate when the
moving party establishes that no genuine issue of material fact exists and that
it is entitled to judgment as a matter of law. Id. We likewise review questions
of statutory interpretation raised in the summary‑judgment context for
correction of legal error. Id.
III. Analysis
C&S claims the district court erred by denying its motion for summary
judgment because C&S “provided statutory notice required by Iowa Code
[section] 572.33.” “Our first task in interpreting a statute is to determine
whether the relevant language is ambiguous. ʻIf the statutory language is
plain and the meaning clear, we do not search for legislative intent beyond the
express terms of the statute.’” Borst Bros. Constr., Inc. v. Fin. of Am. Com.,
LLC, 975 N.W.2d 690, 699 (Iowa 2022) (citation omitted). Here, neither
party disputes that the statute is clear and unambiguous.
Section 572.33 sets forth the notice obligations imposed on sub-
subcontractors seeking to preserve their mechanic’s lien rights:
1. The notification requirements in this section apply only to
commercial construction.
1
C&S maintains the standard of review of an action to enforce a mechanic’s lien
is de novo. But, “[a]lthough an action to enforce a mechanic’s lien is in equity, this case
involves an appeal from a ruling on motions for summary judgment and is thus reviewed
for corrections of errors at law.” Winger Contracting Co. v. Cargill, Inc., 926 N.W.2d 526,
535 (Iowa 2019).
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2. A person furnishing labor or materials to a subcontractor shall
not be entitled to a lien under this chapter unless the person furnishing
labor or materials does all of the following:
a. Notifies the general contractor or owner-builder in writing with
a one-time notice containing the name, mailing address, and telephone number
of the person furnishing the labor or materials, and the name of the
subcontractor to whom the labor or materials were furnished, within thirty
days of first furnishing labor or materials for which a lien claim may be
made. Additional labor or materials furnished by the same person to the
same subcontractor for use in the same construction project shall be
covered by this notice.
(Emphasis added).
C&S argues that “[a]ll that [section] 572.33 requires is that notification
with the information identified in the statute be sent to K & K,” and “[t]he
undisputed record shows that C&S provided all of the information required
by the statute.” While the statute requires that notice be provided and must
contain at a minimum the name, mailing address, and phone number, the
obligation is not a mere procedural formality. The reference to “a one‑time
notice” found in Iowa Code section 572.33(2)(a) reflects the expectation of
an individual, discrete, and intentional communicative act.
This court has described the requirements of section 572.33 for a sub-
subcontractor as “more stringent” than other chapter 572 notice
requirements. LM Constr. LLC v. Altoona Hosp. LLC, No. 17-1060, 2018
WL 3654847, at *1 (Iowa Ct. App. Aug. 1, 2018). In LM Construction, a sub-
subcontractor appealed the district court’s order granting summary
judgment in favor of a general contractor upon finding the sub-subcontractor
improperly filed its mechanic’s lien on a commercial construction project
because it failed to follow the requirements of section 572.33. Id. On appeal,
the sub-subcontractor maintained that a factual issue precluded summary
judgment—i.e., its knowledge of the identity of the general contractor. Id.
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at *2. The sub-subcontractor claimed it was not “informed” of the identity
of the general contractor “within the statutory time frame—thirty days from
first furnishing labor or materials—to allow [it to] provide the required
notice,” and therefore the district court erred in granting summary judgment
and dismissing its petition. Id. at *3. This court rejected the sub-
subcontractor’s claim, stating in part:
This claim shines a light on a gap in Iowa’s mechanic’s lien law
leaving sub-subcontractors vulnerable to a lack of notice of the identity of
a general contractor. However, we must apply the law as written. The
statute is clear and unambiguous. The statute does not include a trigger
requirement of knowledge or imputed knowledge of the identity of the
general contractor for section 572.33 to apply. [The sub-subcontractor] LM
did not provide notice to the general contractor, DDG, within thirty days
of commencing work, and so by statute is not entitled to a mechanic’s lien.
At present, the proper remedy for LM’s claim lies within contract and tort
actions, not under the mechanic’s lien law.
Id. (internal citations omitted); see also LM Constr. LLC v. HGIK Hosp. LLC,
No. 17-1255, 2018 WL 3650334, at *3 (Iowa Ct. App. Aug. 1, 2018) (similarly
concluding “LM did not follow the procedural requirements for entitlement
to file a mechanic’s lien for work done when working for subcontractor
Empire”).
Turning to the claim before us, it is helpful not only to read the
statutory text but also to understand the objective section 572.33 seeks to
achieve. See generally Homan v. Branstad, 887 N.W.2d 153, 166 (Iowa 2016).
The sub-subcontractor’s “notice to the principal contractor could help
assure the principal contractor pays the suppliers when the subcontractor is
in a difficult financial position.” Roger W. Stone, Mechanic’s Liens in Iowa–
Revisited, 49 Drake L. Rev. 1, 30–31 (2000) (discussing the purposes and
potential impediments of section 572.33). The provision also allows the
general contractor to manage lien exposure and provide oversight so that
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owners are not subjected to the risk of duplicate payments. See generally
Standard Water Control Sys., Inc. v. Jones, 888 N.W.2d 673, 676 (Iowa Ct.
App. 2016) (interpreting section 572.13A and observing “the statute is
intended to provide the owner with the identity of subcontractors unknown
to the owner who might have potential claims against the property and
provide a mechanism to force the subcontractors to file notice of any potential
claims”); see also Iowa Code § 572.13B (requiring subcontractors to provide
notice identifying itself when it might otherwise be unknown to an owner).
On the question of whether C&S complied with section 572.33, the
district court found as follows:
C&S failed to provide K & K with direct notice of its involvement
in this project. K & K never received any notice that C&S was providing
services to Wy-Con. Iowa Code § 572.33(2)(a) requires not just providing
the name, mailing address, and telephone number of the person furnishing
the labor and materials, but also necessitates providing the context as to
the importance of the notice. The person receiving the notice needs to
understand that C&S was providing labor or materials to a subcontractor.
There was nothing in the material that was provided to K & K that told it
that C&S was providing labor and materials to a subcontractor. Further,
the code section requires that the name of the subcontractor be provided,
and the statute requires that the notice be given in such a way that the
general contractor gets more than just the name of the subcontractor, but
it also gets notice that the subcontractor is having services provided to it
by a sub-subcontractor. C&S’s interpretation of the statute eliminates
provisions of the statute that give notice that a person is furnishing
materials or labor. A mere statement of an entity, including a mailing
address and phone number, does not provide the notice contemplated by
the statute that would let a contractor understand that there existed a
sub-subcontractor. Generally, the notice provided must be reasonably
calculated to accomplish the purpose of the notice. When interpreting a
statute, courts seek reasonable interpretations that will best effect the
purpose of the statute and avoid absurd results. C&S failed to provide any
notice to K & K that it was a sub-subcontractor which was providing
services to Wy-Con. C&S’s version of notice involves K & K having to
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string multiple documents together to establish that C&S was a
sub-subcontractor on the project. C&S did not provide one sufficient clear
written notice to K & K that contained its name, mailing address, and
telephone number and the fact it was a sub-subcontractor for Wy-Con.
C&S did not satisfy the requirements of section 572.33.
(Citations and footnote omitted).
Notice, as a legal construct, is rooted in principles of fundamental
fairness and functions to alert parties when their interests may be affected.
See Pro Com. LLC v. Mallory Fire Prot. Servs., Inc., No. 15‑1420, 2016
WL 7395728, at *5 (Iowa Ct. App. Dec. 21, 2016). Our law says that when
evaluating notice, we must not only consider the legislative intent but also
use “common sense and sound reasoning.” Woodruff & Son v. Rhoton, 101
N.W.2d 720, 723 (Iowa 1960). We conclude the legislature did not intend for
statutory notice to be satisfied by information buried within incidental
correspondence. Rather, section 572.33 requires the sub-subcontractor “to
notify the principal contractor in writing with a one-time notice, providing
specific information” within a specified time frame. See Stone, 49 Drake L.
Rev. at 30. In other words, it requires a purposeful communication conveyed
in a manner to alert the general contractor of the sub-subcontractor’s pre-lien
notice. Consistent with that understanding, we concur with the district court
that contact information appearing only in the signature block of an unrelated
forwarded e-mail concerning training documents, without any indication of
C&S’s role on the project as a sub-subcontractor, did not constitute the
“one‑time notice” required by section 572.33, even if the information
tracked the statute’s text.
C&S persists that the district court has imposed obligations beyond
statutory language, but this contention is misplaced and prioritizes form over
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substance.2 The district court did not add any additional “elements” of
required information to be provided by C&S beyond the statutory text. The
court merely recognized the statute requires more purposeful conduct in
supplying that information. The district court appropriately adhered to the
statute’s purpose as a notice provision.3 See Des Moines Flying Serv., Inc. v.
Aerial Servs. Inc., 880 N.W.2d 212, 220 (Iowa 2016); Accurate Controls, Inc. v.
Cerro Gordo Cnty. Bd. of Supervisors, 627 F. Supp. 2d 976, 1006 (N.D. Iowa
2009) (interpreting an Iowa notice provision for public construction projects
and holding, “Because, Accurate did not, as a matter of law, comply with the
notice requirements of Iowa Code § 573.15, the defendants are entitled to
summary judgment on that part of Accurate’s claim that is for materials
furnished on the Jail Project.”).
2
When K & K requested an insurance certificate from Wy‑Con, the certificate
identified C&S by name, prompting K & K to inquire about C&S’s involvement. In
response, a Wy‑Con representative advised K & K that C&S functioned only as “a
passthrough entity for insurance purposes.” That response, made in direct response to K
& K’s inquiry, further undermines any claim that the general contractor received
meaningful notice of C&S’s role as a sub-subcontractor on the project. Viewed in context,
these circumstances confirm that any remedy for C&S’s alleged nonpayment lies more
appropriately in contract or tort claims against Wy‑Con, rather than through enforcement
of a mechanic’s lien against the property owner under Iowa law.
3
Considering the broader implications of C&S’s position, common sense counsels
against its requested interpretation of section 572.33. Allowing an isolated signature block
embedded in an unrelated forwarded email to satisfy the statutory notice requirement
would undermine the protection the legislature intended to afford. Such an interpretation
would permit notice to be retroactively pieced together from incidental correspondence
and impair a general contractor’s ability to meaningfully monitor and manage lien
exposure, rather than the clear, deliberate, and purposeful communication the statute
contemplates. See generally Standard Water, 888 N.W.2d at 678 (observing section 572.13A
“advances the public policy interest in informing homeowners of subcontractors of whom
they may otherwise not be aware who may be filing a late lien against the property”).
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We affirm the district court’s order granting summary judgment in
favor of NNG and dismissing C&S’s petition to foreclose its mechanic’s
lien.4
AFFIRMED.
4
In light of our resolution of the crux of C&S’s appeal, we need not address the
requested claim for relief.
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