Legal Opinion

WATERS EDGE BUILDERS, LLC v. Longa

Court of Appeals of North Carolina

Decided August 2, 2011No. COA10-1389PublishedCited by 10 opinions

1Opinion of the Court

BRYANT, Judge.

Where a claim of lien cannot be premised upon a contract implied in law wherein the theory of recovery is quantum meruit, the trial court erred in granting plaintiff’s claim of lien on defendant’s property and awarding plaintiff attorney’s fees on the basis of plaintiff’s status as the prevailing party. Where the evidence is not conclusive that the final arrangement between the parties required plaintiff to perform some act indicating a promise to complete defendant’s staircase for a cost of $9,000.00, the trial court was not compelled to find that the contractual relationship…

2Cases cited9 opinions

  1. Olivetti Corp. v. Ames Business Systems, Inc.Supreme Court of North Carolina · 1987
  2. Whitfield v. GilchristSupreme Court of North Carolina · 1998
  3. O & M INDUSTRIES v. Smith Engineering Co.Supreme Court of North Carolina · 2006
  4. Horack v. Southern Real Estate Co. of Charlotte, Inc.Court of Appeals of North Carolina · 2002
  5. Ellis Jones, Inc. v. Western Waterproofing Co.Court of Appeals of North Carolina · 1984

4 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Augustson v. Bank of America, N.A.District Court, E.D. North Carolina · 2012
  2. AAPCO Southeast, Inc. v. EB Somerset, LPDistrict Court, W.D. North Carolina · 2019
  3. AtWork Franchise, Inc. v. Arch Specialty Insurance CompanyDistrict Court, M.D. Tennessee · 2026
  4. Cabrera v. Harvest Street HoldingsCourt of Appeals of North Carolina · 2022
  5. Cabrera v. Harvest Street HoldingsCourt of Appeals of North Carolina · 2022

5 more not listed; retrieve them via the Exa API.

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