Brown v. Middleton

JOHNSON, Judge.

The only question plaintiff presents to us for our review is whether the trial court erred in cancelling his Claim of Lien that was filed more than 120 days after the date stated as the last date materials were furnished. Plaintiff argues that the date, “7/16/85,” stated in plaintiffs Claim of Lien was an obvious scrivener’s error. We disagree.

Preliminarily, we dispose of plaintiffs clearly erroneous contention that G.S. 44A-12 “does not require that the claimant set forth the date materials or labor were last furnished.” G.S. 44A-12(b) requires that all claims of lien be filed…