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Home / Opinion Digests / Contract / Contract – General Contractor – Claim of Lien – Order of Attachment – Control Analysis – G.S. § 87-10 (access required)

Contract – General Contractor – Claim of Lien – Order of Attachment – Control Analysis – G.S. § 87-10 (access required)

Signature Development, LLC v. Sandler Commercial at Union, LLC. Since the plaintiff did not exercise the requisite control over a development project to be considered the general contractor, the trial court erred in dismissing the plaintiff's complaint under Rule 12(b)(6) based on the plaintiff's failure to obtain a general contractor's license. The trial court did not err by dismissing the plaintiff's claim of lien where the claim of lien was based on a percentage of profits, not upon debts owing for labor done or professional design or surveying services or material furnished, as required under G.S. § 44-8. The trial court erred by dissolving the plaintiff's order of attachment because it did not make adequate findings under G.S. § 1-440.3 to justify doing so.

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