(Download) "Bryan v. Projects Inc." by Court of Appeals of North Carolina No. 7510SC860 # Book PDF Kindle ePub Free
eBook details
- Title: Bryan v. Projects Inc.
- Author : Court of Appeals of North Carolina No. 7510SC860
- Release Date : January 19, 1976
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 52 KB
Description
Plaintiff contends that the court erred in granting summary judgment for defendants. He contends that he is entitled to a laborer's lien for the value of the professional services he performed for Projects, Inc. Although plaintiff recognizes that in Stephens v. Hicks, 156 N.C. 239, 72 S.E. 313 (1911), the Supreme Court held that architects are not entitled to a laborer's lien, he points out that in 1969, the laborer's lien statutes were completely rewritten. As rewritten, G.S. 44A-8 provided that ""[a]ny person who performs or furnishes labor . . . pursuant to a contract . . . with the owner of real property for the making of an improvement thereon"" is entitled to a lien. G.S. 44A-7(2) defines ""improvement"" in very broad language. In view of this broad definition, plaintiff argues, the 1969 statute should be interpreted to change the result of the Stephens case and allow architects, (including landscape architects), to obtain a lien for their services. He argues that the 1975 amendments to G.S. 44A-7 and 44A-8, expressly providing that architects may obtain a lien for their services, were not intended by the legislature to change the law, but rather to clarify the previously existing meaning of the statute.
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