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REPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND No. 01858 September Term, 2004

L.W. WOLFE ENTERPRISES, INC.,

v.

MARYLAND NATIONAL GOLF, L.P.

Hollander, Sharer, Alpert, Paul E. (Retired, Specially Assigned)

JJ. Opinion by Alpert, J.

Filed: November 3, 2005

This is an appeal from a judgment of the Circuit Court for Frederick County (Adams, J.) denying a petition for mechanic's

lien for work performed on a cart path of a golf course. In 2000, appellee Maryland National Golf, L.P. sought to begin development of what would become the Maryland National Golf Club. It signed a contract with Furness Golf for the construction

of the course itself, and other contracts for other aspects of the club's construction, such as the buildings thereon. Included in

the Furness contract was the construction of an asphalt path along the course for use by golf carts. Furness subcontracted the Craig began work, but

construction of that path to Craig Sealing.

was dismissed shortly before the club's grand opening in June 2002. Some time after the club opened, excessive wear on the path An engineering survey was done by

was noticed by club personnel.

Triad Engineering, which found that although drainage issues caused part of the wear problem, the majority of the problem was due to that fact that most of the path was not built to

specification.

To remedy that fault, in April 2003, Furness

contracted with Appellant L. W. Wolfe Enterprises, Inc. ("Wolfe") to re-lay the path. Wolfe began the work in April, and was When it did not

finished with the majority of it by July 2003.

receive what it regarded as due and timely payment, Appellant filed notice of intent to seek a mechanic's lien against the entire golf course.

In November 2003, Appellant Wolfe, a contractor, filed a complaint against Furness Golf and Maryland National Golf, L.P., relating to work Wolfe had performed on the Maryland National Golf Club. On January 21, 2004, after a show cause hearing, Appellant

was granted an order establishing an interlocutory lien against Maryland National Golf's property. Furness failed to respond and

both Wolfe and Maryland National were granted default judgments against Furness. On September 1-2, 2004, the remaining parties tried

Appellant's remaining claim seeking a mechanic's lien against Maryland National's real property. After a two-day bench trial,

the court ruled that Appellant was not entitled to a mechanic's lien on Maryland National's real property and terminated the interlocutory order to that effect. Appellant timely filed notice of this appeal. Questions Presented I. Did the trial court err in determining that the work done

on the Maryland National Golf Club cart path by Wolfe was repair, rebuilding, or improvement rather than new construction for

purposes of

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Maryland Law