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R & L Constr. of Mt. Airy, LLC v. Diaz

Court of Appeals of North Carolina

April 7, 2015

R & L CONSTRUCTION OF MT. AIRY, LLC, Plaintiff,
v.
JAVIER DIAZ, Defendant, and F. EUGENE REES, JR., Third-Party Defendant

Heard in the Court of Appeals February 18, 2015

Surry County, No. 14 CVS 33.

Royster & Royster, by Mark S. Royster, for plaintiff-appellant.

Smith Law Group, PLLC, by Steven D. Smith and Matthew L. Spencer, for defendant-appellee.

TYSON, Judge. Judges STEPHENS and HUNTER, JR. concur.

OPINION

Page 699

Appeal by plaintiff from order entered 4 August 2014 by Judge L. Todd Burke in Surry County Superior Court.

TYSON, Judge.

R & L Construction of Mt. Airy, LLC (" Plaintiff" ) appeals from order awarding attorneys' fees to Javier Diaz (" Defendant" ). We affirm.

I. Factual Background

In June 2012, Plaintiff entered into a contract with Defendant to provide labor and materials for the renovation of a residence located in Surry County, North Carolina. Plaintiff performed its contractual obligations between 9 July 2012 and 24 August 2012.

Defendant failed to pay the balance due. Plaintiff filed a claim of lien on Defendant's real property in the amount of $11,175.49 on 7 December 2012. Plaintiff subsequently filed a complaint to perfect the lien against Defendant on 20 February 2013.

Plaintiff asserted claims against Defendant for breach of contract and for satisfaction of its lien on real property. Plaintiff alleged it furnished labor and materials in accordance with the contractual specifications for a total value of $16,175.49. Defendant made one payment of $5,000.00. Plaintiff repeatedly demanded Defendant pay the remaining balance due pursuant to the parties' contract. Defendant refused to pay the balance of the outstanding debt. Defendant filed an answer and third party counterclaim against F. Eugene Rees, Jr., a manager of Plaintiff.

On 27 November 2013, the parties entered into court-ordered mediation. During mediation, Plaintiff reduced its demand from $11,175.49 to $9,000.000. Defendant rejected Plaintiff's final settlement offer. Nothing before us shows ...


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