[8–11] Following Swain, this Court determined a subcontractor’s subrogation right is "limited by the lien rights the contractor has in the property." Vulcan Materials Co v Fowler Contracting Corp, 111 N.C. App. 919, 921, 433 S.E.2d 462, 463 (1993). Further, "[b]ecause [subcontractors] are subrogated to the rights of the general contractor, they may assert only the lien rights which the general contractor has in the project."
This Court rejected those arguments, concluding "partial lien waivers do not extinguish a subcontractor's subrogation rights; however, a partial lien waiver may limit the amount of a subcontractor's claim to the amount remaining on the primary contract following the latest partial lien waiver if that amount is less than the amount owed to the subcontractor." Id. at 229 (citing Vulcan Materials Co. v. Fowler Contracting Corp., 111 N.C.App. 919, 922, 433 S.E.2d 462, 464 (1993) and Elec. Supply Co. of Durham, Inc. v. Swain Elec. Co., Inc., 328 N.C. 651, 661, 403 S.E.2d 291, 297 (1991)). Thus, consistent with our recent precedent, we conclude Blastmaster retained its subrogation lien rights to the extent its claim as of the latest partial lien waiver issued was less than the amount remaining on the Primary Contract.
Because "[t]he general contractor can enforce the lien only for the amount due on the contract, . . . the subcontractor is similarly limited." Id. at 651, 587 S.E.2d at 91 (quoting Vulcan Materials Co. v. Fowler Contracting Corp., 111 N.C. App. 919, 922, 433 S.E.2d 462, 464 (1993)) (emphasis added) (alterations omitted). Defendants contend that there were no funds owed to D.V. Holdings, Inc. by Tripp Gardens, LLC and therefore no lien could attach to the real property. The trial court found that Tripp Gardens, LLC obtained a loan for the project and that it transferred these funds to D.V. Holdings, Inc. However, the order and judgment are devoid of any findings as to when disbursements were made by Tripp Gardens, LLC to D.V. Holdings, Inc. in relation to the service of the notice of claim of lien and claim of lien on Tripp Gardens, LLC.
The general contractor can enforce the lien only for the amount due on the contract, and therefore, [the subcontractor is] similarly limited." Vulcan Materials Co. v. Fowler Contracting Corp., 111 N.C. App. 919, 921-22, 433 S.E.2d 462, 464 (1993). In this case, after Watson Electrical filed its action to enforce its claim of lien, Summit filed a claim of lien against the real property and sought enforcement of its lien.