Wilbur Smith & Associates, Inc. v. South Mountain Properties, Inc.

BRITT, Judge.

Did the trial court err in allowing defendants’ motion for partial summary judgment? We hold that it did not.

North Carolina’s Lien Law is mandated by Article X, Section 3, of our State Constitution which states that “The General Assembly shall provide by proper legislation for giving to mechanics and laborers an adequate lien on the subject matter of their labor.”

From 1869 until 1969 our lien law mandated by the Constitution was substantially unchanged and from 1901 until 1969 provided as follows: “Every building built, rebuilt, repaired or improved, together with the necessary…