Electric Supply Co. of Durham, Inc. v. Swain Electrical Co.

LEWIS, Judge.

The sole issue on this appeal is whether a second tier subcontractor has a right to a mechanic’s lien against the owner’s property when the first tier subcontractor has been fully paid but the owner still owes money to the general contractor. The lien rights claimed by plaintiff are governed by Chapter 44A. G.S. 44A-18, “Grant of lien; subrogation; perfection” provides in pertinent part:

A second tier subcontractor who furnished labor or materials at the site of the improvement shall be entitled to a lien upon funds which are owed to the first tier subcontractor with whom the…