WATERS EDGE BUILDERS, LLC v. LONGA

No. COA10-1389.

715 S.E.2d 193 (2011)

WATERS EDGE BUILDERS, LLC, Plaintiff, v. Oscar LONGA and Jenifer Longa, Defendants.

Court of Appeals of North Carolina.

August 2, 2011.


Attorney(s) appearing for the Case

Di Santi Watson Capua & Wilson, Boone, by Frank C. Wilson, III , for plaintiff-appellee.

Miller & Johnson, PLLC, Boone, by Nathan A. Miller , for defendant-appellants.


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...

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