Have you completed a project and invoiced the client for work or materials you supplied on a construction project, but have yet to receive payment for your work? As experienced Raleigh construction lien attorneys, we know how frustrating it can be to chase people for payments, but there is a way to get what rightly belongs to you.
What is a Mechanics’ Lien?
If you have performed or furnished labor, materials,or another service on a property, a mechanics’ lien is your legal recourse for securing and enforcing payment. A mechanics’ lien, also known as a construction lien, is a legal claim that can be made against a property by any person who is in contract with an owner of real property for the improvement of that property.
Navigate the North Carolina Lien Process With a Raleigh Mechanics’ Lien Lawyer
Every state’s lien statute varies, and what applies in one state may not apply in the next. In North Carolina, there are three types of lien claims which are found in Chapter 44A of the North Carolina General Statutes.
A Claim of Lien on Real Property: For those in direct contract with the owner of a property, such as a general contractor, independent contractor, or design professional.
A Claim of Lien on Funds: Entitles subcontractors to file a lien on funds owed to a party they are in contract with who has not paid them. In other words, a subcontractor can prevent an owner from paying a general contractor if the general contractor has not paid their subcontractors.
A Subrogated Claim of Lien on Real Property: For subcontractors who are in contract with a party that has lien rights.
Filing a Lien
Claims of lien on real property must be filed within 120 days of the claimant’s last date of furnishing in the clerk of the court where the property is located. To enforce the lien, the lawsuit must be filed within 180 days of your last date of furnishing labor, services, or materials. The claim must include specific information and meet strict timelines or it will be rendered unenforceable.
Filing a lien is a powerful tool available to lienors. However, it is not the type of process you want to undertake if you do not have the time nor the expertise to pursue it fully. Exercising your rights requires meticulous attention to detail when drafting, serving, filing, and perfecting a lawsuit. Counseling with a Raleigh construction lien lawyer from Cotney Construction Law is highly recommended to secure your lien rights. We will help you prepare all of your lien and bond documents at fixed prices.
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.