The General Assembly shall provide by proper legislation for giving to mechanics and laborers an adequate lien on the subject-matter of their labor. The provisions of Sections 1 and 2 of this Article shall not be so construed as to prevent a laborer's lien for work done and performed for the person claiming the exemption or a mechanic's lien for work done on the premises.
Cross References. - As to statutory liens and charges, see G.S. 44A-1 et seq.
History Note. - The provisions of the first sentence of this section are similar to those of Art. XIV, § 4, Const. 1868. The provisions of the second sentence of this section are similar to those of Art. X, § 4, Const. 1868.
Legal Periodicals. - For article on "North Carolina Construction Law Survey II," see 22 Wake Forest L. Rev. 481 (1987).
CASE NOTES
Editor's Note. - Some of the cases cited below were decided under former Art. XIV, § 4; Const. 1868, and former Art. X, § 4, Const. 1868.
Definition of Terms. - A "laborer's lien" is solely for labor performed, while a "mechanic's lien" is broader and includes the "work done," i.e., the "building built" or superstructure put on the premises. Broyhill v. Gaither, 119 N.C. 443, 26 S.E. 31 (1896).
Adequate Lien for Subcontractors and Suppliers of Materials and Labor. - Appellate court erred in reversing the trial court's grant of summary judgment to the product supplier that found the product supplier was entitled to judgment in the amount specified in its notice of lien sent to the manufacturer; the state constitution and statutory law provided that a materialman was entitled to an adequate lien on the subject matter of the materials supplied, the product supplier sent a notice of lien for a certain amount to the manufacturer after the product supplier became aware that the contractor with whom the manufacturer had contracted was having financial difficulties, and the manufacturer nevertheless paid the contractor, instead of the product supplier, shortly before the contractor went bankrupt. O & M Indus. v. Smith Eng'g Co., 360 N.C. 263, 624 S.E.2d 345 (2006).
This section is a mandate directing the General Assembly to enact legislation to give mechanics and laborers a lien on the subject matter of their labor. American Bridge Div. v. Brinkley, 255 N.C. 162, 120 S.E.2d 529 (1961).
Liens on Public Construction Prohibited. - Public policy prohibits the acquisition of liens for labor or materials used or furnished in the construction of a public edifice or way. American Bridge Div., United States Steel Corp. v. Brinkley, 255 N.C. 162, 120 S.E.2d 529 (1961).
As to lien for materials furnished, see Cumming v. Bloodworth, 87 N.C. 83 (1882); Broyhill v. Gaither, 119 N.C. 443, 26 S.E. 31 (1896).
Lien on Property of Married Woman. - For all debts contracted for work and labor done, a lien is given upon the property of a married woman. Ball v. Paquin, 140 N.C. 83, 52 S.E. 410, 3 L.R.A. (n.s.) 307 (1905).
Cited in Floyd S. Pike Elec. Contractor v. Goodwill Missionary Baptist Church, 25 N.C. App. 563, 214 S.E.2d 276 (1975); Wilbur Smith & Assocs. v. South Mt. Properties, Inc., 29 N.C. App. 447, 224 S.E.2d 692 (1976).