A contractor’s job requires diligent multitasking to take a project from concept to completion. When you have successfully executed a project to the best of your ability, the last thing you want to deal with is a nonpayment. Unfortunately, contractual obligations aren’t always fulfilled, and claiming your payment can be difficult with an adversarial owner.
Lien laws help guarantee payment upon completion of a project. Although these laws vary depending on which state you work in, every state gives contractors the right to a file a lien against a defaulting property they worked on previously. If your company hasn’t been compensated for their role in a construction project, a Charlotte construction lien lawyer can help you escape legal limbo and collect your payment as soon as possible.
A Charlotte Mechanics’ Lien Attorney for Construction Professionals
Do you know when to file a preliminary notice of intent to lien? Do you know who to deliver this notice to? There are small differences in the timelines for filing a lien claim and enforcing it. Lien laws are different in each state, so it’s important to have an experienced legal representative from your area to guide you through the specifications of the lien claims process. For example, North Carolina is an “unpaid balance” state, which means the lien secures whatever remains unpaid on the bill at the time the lien is filed.
The North Carolina General Statutes, Chapter 44A, outlines the state-specific regulations regarding lien law for construction professionals in the Tar Heel State. In North Carolina, a mechanics’ lien must be filed after payment becomes due (as outlined in the contract), but no later than 120 days from the last provision of labor or materials. A Charlotte mechanics’ lien attorney is equipped with the tools to help you file a lien against a property in response to a nonpayment.
Charlotte Lien Law Experts
If you are looking to file a lien claim against a project owner, it’s important to work with legal representatives who understand the distinct lien laws governing your area. At Cotney Construction Law, our legal experts have studied North Carolina’s unique laws regarding lien claims to ensure your next case is resolved without issue. Here are some of the important things to consider about lien law in North Carolina:
- Remedy: Lien claims derive their value from the improvements made to a property. Improvements must be expressed or implied in the contract.
- Availability: Lien claims are valid for those hired directly by the owner, or those with subrogation rights.
- Filing requirements: Lien claim format must comply with statutory form, § 44A-12, and be filed in the office of the clerk of superior court in the district where the property is located.
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.