NHCaseLaw.com

On September 17, 2003, Ford Construction Corp. (“Ford”) commenced this action against TWG Construction Co. (“TWG”) and Wal-Mart Real Estate Business Trust (“Wal-Mart”) (collectively, “the defendants”) to recover $192,692.16 it claims is due for labor and materials it provided in connection with the construction of Wal-Mart Store #3535 (“store #3535”) in Epping, New Hampshire. That same day, Ford also filed a petition for ex parte attachment, which this court granted, seeking to attach store #3535 in the amount of $192,692.16. The defendants subsequently filed an objection to the ex parte attachment, and thereafter moved to dismiss the case for lack of jurisdiction. Ford objects. Upon review of the parties’ pleadings, the contract at issue and the applicable law, the court finds and rules as follows.