Contract Steel Sales, Inc. v. Freedom Construction Co.

JOHNSON, Judge.

It is not disputed that plaintiff is a first tier subcontractor within the meaning of G.S. 44A-17(2) or that Du Pont is an owner obligor as defined by G.S. 44A-17(3), by virtue of funds that were owed to Freedom, the general contractor.

The two primary questions argued on appeal are (1) whether plaintiff furnished materials at the site of improvement to Du Pont’s real property as contemplated by G.S. 44A-18G), and (2) whether plaintiffs letter, dated 6 December 1983, substantially complied with the requirement of notice as stated in G.S. 44A-19.

If plaintiff, as a first tier…