Frank H. Conner Co. v. Spanish Inns Charlotte, Ltd.

MOORE, Justice.

The primary issue on this appeal is whether a contractor’s lien for the construction of a motel, arising under Article 2, Part 1, N.C. G.S. 44A-7 through -13, prior to its 1975 amendment, may relate back to and take effect from the date of the furnishing of services for the partial clearing and the on-site surveying and staking of the boundary lines of the building to be constructed by the contractor. The trial judge answered this question in the affirmative when he adjudged that plaintiff’s lien was superior to the deed of trust executed for the benefit of Wachovia Realty…