Any person who performs or furnishes labor or professional design or surveying services or furnishes materials or furnishes rental equipment pursuant to a contract, either express or implied, with the owner of real property for the making of an improvement thereon shall, upon complying with the provisions of this Article, have a right to file a claim of lien on real property on the real property to secure payment of all debts owing for labor done or professional design or surveying services or material furnished or equipment rented pursuant to the contract. (1969, c. 1112, s. 1; 1975, c. 715, s. 2; 1995 (Reg. Sess., 1996), c. 607, s. 2; 2005-229, s. 1.)
Notes of Decisions
Elec. Supply Co. of Durham, Inc. v. Swain Elec. Co., 403 S.E.2d 291 (N.C. 1991).
· cites it 20× “§ 44A-18(2), (3), (6) (1989). After examining the entire statutory scheme, we hold that the legislative intent was to continue the subcontractor's separate right in N.”
Embree Constr. Grp., Inc. v. Rafcor, Inc., 411 S.E.2d 916 (N.C. 1992).
· cites it 11× “N.C.G.S. § 44A-8 (1989). The purpose of this lien statute is to protect the interest of the contractor, laborer or materialman.”
All Points Capital Corp. v. Laurel Hill Paper Co. (In Re Laurel Hill Paper Co.), 393 B.R. 372 (Bankr. M.D.N.C. 2008).
· cites it 20× “N.C. Gen.Stat. § 44A-8. Therefore, if the Metso and the Siemens Collateral do not constitute an improvement on real property, the 44A Claimants did not furnish labor or materials pursuant to a contract “for the making of an improvement” and they are not entitled to a lien under…”
Forsyth Mem'l Hosp., Inc. v. Armstrong World Indus., Inc., 444 S.E.2d 423 (N.C. 1994).
· cites it 6× “No action to recover damages based upon or arising out of the defective or unsafe condition of an improvement to real property shall be brought more than six years from the later of the specific last act or omission of the defendant giving rise to the cause of action or…”
Waters Edge Builders, LLC v. Longa, 715 S.E.2d 193 (N.C. Ct. App. 2011).
· cites it 9× “pursuant to a contract, either express or implied, with the owner of real property for the making of an improvement thereon shall, upon complying with the provisions of this Article, have a right to file a claim of lien on real property on the real property to secure payment of…”
Carolina Builders Corp. v. Howard-Veasey Homes, Inc., 324 S.E.2d 626 (N.C. Ct. App. 1985).
· cites it 6× “G.S. 44A-8. An owner under the statute is defined as “a person who has an interest in the real property improved and for whom an improvement is made and who ordered the improvement to be made.”
Lake Colony Constr., Inc. v. Boyd, 711 S.E.2d 742 (N.C. Ct. App. 2011).
· cites it 14× “On 24 March 2008, Lake Colony Construction filed a claim of lien pursuant to N.C. Gen. Stat. § 44A-8 (2007), claiming that Lake Colony Partners owed it $121,445.”
Signature Dev., LLC v. Sandler Com. at Union, L.L.C., 701 S.E.2d 300 (N.C. Ct. App. 2010).
· cites it 10× “Pursuant to N.C. Gen. Stat. § 44A-8, [a]ny person who performs or furnishes labor or professional design or surveying services or furnishes materials or furnishes rental equipment pursuant to a contract, either express or implied, with the owner of real property for the making…”
Se. Steel Erectors, Inc. v. Inco, Inc., 424 S.E.2d 433 (N.C. Ct. App. 1993).
· cites it 8× “Part 1 of the Article, which includes section 44A-8, governs the liens of those dealing directly with the owner.”
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