Due to the state-specific deadlines and filing requirements, utilizing a mechanic’s lien in the State of North Carolina can be a complex and confusing endeavor without the assistance of a Charlotte construction lien attorney. That said, when an owner refuses to pay you for the provisions of labor and materials you have contributed to a project, your options are limited, and the mechanic’s lien has been proven to be the most effective legal device for procuring due funds. If you’re interested in utilizing a mechanic’s lien to obtain due compensation in the Tar Heel State, consult a Charlotte construction lien attorney from Cotney Construction Law.
1. Understand Your Role
Whether you’re a contractor or a subcontractor can have an immense effect on your lien rights. Under North Carolina law, only contractors can file a claim of lien on real property. On the other hand, only subcontractors can file a claim of lien on funds unless the subcontractor intends to claim a right of subrogation to the general contractor or has a valid claim stating that the owner issued incorrect payments to the contract in violation of the subcontractor’s claim of lien on funds. When you work with a Charlotte mechanic’s lien attorney, you can rest assured that the proper claim of lien is being filed on your behalf.
2. Know Your Deadlines
According to Section 44A-12(b), any claim of lien must be filed “not later than 120 days after the furnishing of labor or materials at the site of the improvement by the person claiming the lien.” While a four-month delay in payment may not seem outrageous, especially if you are accustomed to working on large-scale projects, you could easily lose your lien rights if you fail to pursue the claim in a timely manner as stipulated by the lien statute.
3. File with the Proper Authority
In North Carolina, a claim of lien on real property is required to be filed with the Clerk of Superior Court in the county where the project took place. If you or the owner live in different counties, it has no effect on where the lien is to be filed. However, if your project crosses county lines, the claim of lien must be filed with the Clerk of Superior Court in both counties.
4. Deliver Your Claim of Lien with Certified Mail
When the time comes to serve the owner with your claim of lien, be sure to utilize the proper delivery channels. Your claim should be sent by certified mail or a designated delivery service. When it comes to subcontractors, notices should be served to each and every party in the contractual chain.
5. Consult a Charlotte Mechanic’s Lien Attorney
Even the most diligent and experienced contractor can err when attempting to file a claim of lien. Surely, with such a vast array of responsibilities already overloading your bandwidth, there’s no reason for you to take on an additional burden of such a complexity. Let a Charlotte mechanic’s lien attorney handle your claim. By letting the experts handle your case, you can rest assured that you’re maximizing your chances of perfecting your mechanic’s lien.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.