Contractors, subcontractors, and suppliers who have worked on a construction project or provided materials for the project have a right to file a construction lien against the property if they have not been compensated for their work. Having the right to file a claim is one thing, but successfully meeting the legal requirements to secure your payment is another thing.
A Construction Lien Attorney in Wilmington, NC
The requirements for filing a construction lien are different in every state, and they must be strictly adhered to for a lien to be enforceable. A construction lien attorney in Wilmington, NC is a valuable resource to have when you are seeking a remedy for nonpayment. The attorneys of Cotney Construction Law understand the intricacies of lien law and what the requirements are to file a lien in the state of North Carolina. We will ensure that the applicable notices are prepared and sent to the appropriate party within the required deadlines. We do the hard work for you so you can focus on other important aspects of your business.
Understanding North Carolina Lien Law
Construction liens are governed by the statutory laws in each state. Chapter 44A of the North Carolina General Statutes outlines the law and requirements that construction professionals must comply with to secure their lien rights. There are two types of liens in North Carolina:
A claim of lien on real property is available to those in direct contract with the owner and certain subcontractors. A claim of lien must be filed 120 days from when labor or materials were furnished, and the lien must be enforced 180 days from when labor or materials were furnished.
A claim of lien of funds is available to any contractor to the extent of the money owed to the tier above them. A lien against funds does not have to be filed but proper notice must be given to the party in which the lien is being asserted against.
Each lien has specific filing, serving, and notice requirements, so it is critical that contractors be sure that they are following the requirements of the statute to the letter. Failing to properly file and serve a lien will immediately forfeit your lien rights. Contact a construction lien attorney in Wilmington, NC to protect yourself and your investment.
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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.