English's, Inc. v. McCrickard

By JUDGE J. SAMUEL JOHNSTON, JR.

It seems abundantly clear that there are only two questions to answer regarding the summary judgment issue. One of these inquiries is relatively simple and the second is dispositive of the pending motions.

The first issue is whether or not § 43-11 allows a subcontractor to hold a homeowner personally liable for materials provided a general contractor. You will recall at one of our initial hearings I expressed disbelief concerning the existence of a statute such as § 43-11. After many months of study and research there can be no question of the existence of §…