Union Indemnity Co. v. A. D. Drumm, Jr., Inc.

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] The theory that an equitable lien exists in favor of job creditors finds no support either in the law of this state or the contract itself. Section 5338 N.C.L. Job creditors, like any other creditors, must look to the surety if the contractor defaults in his obligations. It is highly significant that in the original public highway law of 1937 there was no proviso requiring payment of retent to contractors without regard to job creditors. That proviso was added…