Watson Electrical Construction Co. v. Summit Companies, LLC

WYNN, Judge.

Under Mace v. Bryant Construction Corporation, 48 N.C. App. 297, 303, 269 S.E.2d 191, 194-95 (1980), this Court held, “because the subcontractor is entitled to a lien under G.S. 44A-23 only by way of subrogation, his lien rights are dependent upon the lien rights of the general contractor.” In this case, because the general contractor did not have any lien rights against the owner, the first-tier subcontractor, likewise, had no rights. However, we hold that the evidence creates an issue of fact as to whether the owners gave the subcontractor an oral guaranty, and if so, whether…