Beach & Adams Builders, Inc. v. Northwestern Bank

MORRIS, Judge.

Plaintiff contends that the trial court erred in finding that plaintiff had failed timely to commence its action to enforce its Claim of Lien and that the late commencement discharged the lien of record. Plaintiff argues that the entry of the 16 November 1972 date in the Claim of Lien was a “clerical error” and “. . . it should be allowed to show, in a trial on the merits, that the actual date of last furnishing was a date other than that set forth in the Claim of Lien.” G.S. 44A-16(3) provides, inter alia, that any lien may be discharged for . . failure to enforce the lien…