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ELECTRIC SUPPLY CO. v. SWAIN ELEC. CO.

No. 8914SC597.

389 S.E.2d 128 (1990)

97 N.C. App. 479

ELECTRIC SUPPLY CO. OF DURHAM, INC., Plaintiff, v. SWAIN ELECTRICAL CO., INC., Davidson and Jones Construction Company, and Winstons Venture I, a North Carolina Partnership, Defendants.

Court of Appeals of North Carolina.

March 6, 1990.

Attorney(s) appearing for the Case

Pulley, Watson, King & Hofler, P.A. by R. Hayes Hofler, III and Michael J. O'Foghludha, Durham, for plaintiff-appellant.

Manning, Fulton & Skinner by John I. Mabe, Jr., Raleigh, for defendants-appellees.

LEWIS, Judge.

The sole issue on this appeal is whether a second tier subcontractor has a right to a mechanic's lien against the owner's property when the first tier subcontractor has been fully paid but the owner still owes money to the general contractor. The lien rights claimed by plaintiff are governed by Chapter 44A. G.S. § 44A-18, "Grant of lien; subrogation; perfection" provides in pertinent part:

A second tier subcontractor who furnished labor...

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