Gaines & Co. v. Wendell Falls Residential, LLC

BRYANT, Judge.

Because Gaines and Company, Inc., (Gáines) waived its materialmen lien rights prior to a conveyance of real property to Wake County, did not allege a contractual relationship between it and Wake County for work performed after the conveyance and, because materialmen liens on public bodies and buildings are prohibited by statute, Gaines may not enforce a lien on Wake County property. We therefore affirm the 18 February 2010 order granting summary judgment to Wake County. We dismiss Wake County’s appeal.

Wendell Falls Development, LLC, (Wendell Falls Development) and Wendell Falls…