Ron Johnson D/B/A Ron Johnson & Sons, Inc. v. Kris L. Spangler; Tina Marie Spangler; And McGowan Built Properties, LLC

── Ron Johnson D/B/A Ron Johnson & Sons, Inc. v. Kris L. Spangler; Tina Marie Spangler; And McGowan Built Properties, LLC ── Court: Court of Appeals of Arkansas Date: May 13, 2026 Category: General Cite as 2026 Ark. App. 301 ARKANSAS COURT OF APPEALS DIVISION III No. CV-25-279 RON JOHNSON D/B/A RON Opinion Delivered May 13, 2026 JOHNSON & SONS, INC. APPEAL FROM THE BENTON APPELLANT COUNTY CIRCUIT COURT [NO. 04CV-24-1947] V. HONORABLE CHRISTINE KRIS L. SPANGLER; TINA MARIE HORWART, JUDGE SPANGLER; AND MCGOWAN BUILT PROPERTIES, LLC REVERSED AND REMANDED IN APPELLEES PART; AFFIRMED IN PART; REVERSED IN PART STEPHANIE POTTER BARRETT, Judge Ron Johnson d/b/a Ron Johnson & Sons, Inc. (“Johnson”), appeals the Benton County Circuit Court’s December 2, 2024 order dismissing his complaint with prejudice and discharging his lien as well as the January 28, 2025 order denying his motion for reconsideration and granting the motions for attorney’s fees filed by the appellees, Kris L. Spangler and Tina Marie Spangler (“Spangler”) and McGowan Built Properties, LLC (“McGowan”). We reverse and remand the dismissal of the breach-of-contract claim, affirm discharge of the lien, and reverse the award of attorney’s fees. Spangler owns property located at 11261 Stillhouse Springs Drive, Bentonville, Benton County, Arkansas. In 2023, Dakota Riggan, a McGowan employee, contacted Johnson via text message to request a quote to construct a Romanstone block wall at the property as part of the construction of a residence for Spangler. Johnson claims that on March 27, 2023, he contracted with McGowan to construct the wall for $5,600. Johnson completed the construction of the wall on or before March 29, 2023. After completion, Spangler and McGowan asserted that the wall was constructed improperly and refused to pay Johnson. On April 3, 2023, Johnson sent Spangler a letter with an invoice for the construction of the wall. The correspondence and accompanying invoice identified the business as “Johnson & Son’s Constr.” On April 10, 2023, Spangler responded by letter, acknowledging the agreement to pay $5,600 as reflected in the invoice but asserted, again, that the wall was constructed improperly. On June 12, 2023, Johnson’s counsel, on behalf of Ron Johnson and “Johnson & Son’s Construction,” sent Spangler and McGowan a pre-lien notice demanding payment of the invoice and informing them that a lien would be filed against the property if payment was not made within ten days of receipt of the notice. Neither McGowan nor Spangler paid the invoice within ten days after the delivery of the notice. On July 21, 2023, Johnson filed a mechanics’ and/or materialmen’s lien statement of lien account and affidavit of notice against Spangler and the property with the Benton County Circuit Clerk. The claimant on the lien was named as “Mr. Ron Johnson d/b/a Ron Johnson & Sons, Inc.” This is the first instance in which the name “Ron Johnson & Sons, Inc.” appeared in connection with the transaction. 2  On June 26, 2024, Johnson, under Ron Johnson d/b/a Ron Johnson & Sons, Inc., filed a complaint in foreclosure alleging compliance with all of the statutory requirements to enforce a lien and seeking damages in the amount of $5,600 along with attorney’s fees and costs. Johnson also alleged a breach of contract, asserting that there was a material breach of the parties’ agreement when the invoice was not paid, and he again asserted that he had suffered damages in the amount of $5,600 and had incurred attorney’s fees and costs. On July 8, 2024, Spangler filed an answer and counterclaim allegi