It’s impossible to overstate the importance of contractors in the construction industry. Contractors are the nucleus of every construction project. They establish timelines, manage contracts, staff projects with skilled workers, and oversee regulatory compliance. At Cotney Construction Law, our team of dedicated construction law experts understand the plight of the modern contractor and how to alleviate some of the burdensome aspects of your project.
One of the most common issues facing contractors is nonpayment. Nonpayment occurs when the owner or buyer decides to intentionally withhold payment in response to a dispute or contract violation. An Asheville construction lien lawyer can help you file a lien against a property owner to collect your debt before you miss a deadline.
Let an Asheville Construction Lien Attorney Handle Your Case
Lien laws differ from state to state, but our nationally recognized team has the knowledge to handle cases from anywhere. The North Carolina General Statutes, Chapter 44A, summarizes the lien laws construction professionals must consider when entering a contract with an owner in the Tar Heel State. If you are a construction professional working in North Carolina, it’s important to familiarize yourself with the state’s lien laws including:
- North Carolina is an “unpaid balance” state, which means the lien awards you whatever funds remain unpaid by the owner when the lien is filed.
- In North Carolina, a mechanic’s lien must be filed after payment becomes due in accordance with the contract. However, the mechanic’s lien must be filed no later than 120 days from the last provision of labor or materials.
- A claim of lien on real property must be served to the owner of the property and filed in the Office of the Clerk of Superior Court in the same county the property is located.
- A subcontractor must serve the general contractor a copy of the lien that was served to the property.
- The mechanic’s lien will not take effect until the lien is filed and served to the owner.
Construction Law Experts in Asheville Serving You
When you don’t receive payment for the work you performed on a construction project, there’s only one way to guarantee that your best interests are served by the law: consulting an Asheville construction lien attorney about filing a lien against the property that owes you compensation. Can you prove that your work resulted in clear improvements to the debtor’s property? Did you follow the contract closely and seek pre-approval for any additional building expenses? Our dedicated team is prepared to represent you against any entity, big or small. You deserve to be paid for your hard work.
If you are in need of a professional construction law firm, please submit our contact request form for more information.
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.