Carolina Building Services' Windows & Doors, Inc. v. Boardwalk, LLC

NEWBY, Justice.

This case presents the question of whether a default judgment in favor of an owner against a general contractor can form the basis for extinguishing a subcontractor’s lien on property under N.C.G.S. § 44A-23. We hold a default judgment cannot be used for this purpose.

*263Before September 2001, Boardwalk, LLC (“Boardwalk”) entered into a contract with Miller Building Corporation (“Miller”) whereby Miller agreed to serve as the general contractor for Boardwalk’s condominium project. In February 2002, well before completion of the project, Miller removed its personnel and equipment…