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CAROLINA BLDG. v. BOARDWALK, LLC

No. 444PA06.

658 S.E.2d 924 (2008)

CAROLINA BUILDING SERVICES' WINDOWS & DOORS, INC. v. BOARDWALK, LLC; Miller Building Corporation; Deborah C. Lee; Shannon W. Myers; John C. Czerwinski and wife, Jeanette M. Czerwinski; Manish G. Patel; Allen H. Van Dyke and wife, Perry G. Van Dyke; George Cornelson and wife, Kimberlye F. Cornelson; Afshin Ghazi; and Charles H. Huntley.

Supreme Court of North Carolina.

April 11, 2008.

Attorney(s) appearing for the Case

Erwin and Eleazer, P.A., by L. Holmes Eleazer, Jr., Fenton T. Erwin, Jr., and Lex M. Erwin, Charlotte, for plaintiff-appellant.

Johnston, Allison & Hord, P.A., by Martin L. White and Greg C. Ahlum, Charlotte, for defendant-appellee Boardwalk, LLC; and Horack, Talley, Pharr & Lowndes, by D. Christopher Osborn, Charlotte, for defendant-appellees individual unit owners.

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.

Before September 2001, Boardwalk, LLC ("Boardwalk") entered into a contract with Miller Building Corporation ("Miller") whereby Miller agreed to serve as the general contractor...

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