Vulcan Materials Co. v. Fowler Contracting Corp.

ARNOLD, Chief Judge.

Plaintiffs argue that their liens on Marketplace’s real property are not limited by the amount remaining due on the contract. They contend that under Electric Supply Co. v. Swain Elec. Co., 328 N.C. 651, 403 S.E.2d 291 (1991), they are permitted to assert liens on the improved property for the full amount of their claims even though that amount greatly exceeds the amount due on the contract. We disagree.

The relevant statute, N.C. Gen. Stat. § 44A-23 (1989), reads in pertinent part:

A first, second or third tier subcontractor, who gives notice as provided in this Article,…