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Don’t Make These Mistakes When Filing a Construction Lien Part 3

As we have discussed throughout this three-part article, contractors may be tempted to file their own mechanics lien claims, but doing so can result in an invalid claim. This is why you should always consult an Asheville construction lawyer before doing so. We can assess your payment dispute, assess your role on the project, and determine the best course of action. 

In parts one and two, we talked about two types of contractors:

  • Those that either didn’t have a contract in place or a right to file a claim. 
  • Those that filed a claim but failed to provide accurate information when they filed the claim through a government office. 

In this final part, we will discuss the importance of timely delivery of the claim of lien. Remember, if you need assistance filing an effective mechanics lien, an Asheville contractor attorney is standing by. 

You Missed the Deadline

Although the timeline to file a lien varies from state to state, filing a claim of lien is a time-sensitive process regardless of where you are performing work. A claim of lien in North Carolina must be filed and delivered within 120 days of the last furnishing of labor or materials on a project. Although you may have a valid claim, if you fail to promptly file a lien within four months of working on a project, your right to file a lien may be compromised. 

This is another reason to partner with an Asheville construction attorney. Our attorneys are proactive and understand the urgent timeline necessary to effectively file your lien. After the lien is successfully filed, we can then closely monitor any additional actions that may be needed for you to secure payment. 

You Didn’t Enforce the Lien

Filing a claim of lien is never enough. Contractors in North Carolina must enforce their mechanics lien within 180 days of the last furnishing of labor or materials on a project. If you filed your mechanics lien at the last possible moment and the amount owed remained unpaid, you only have two months (60 days) to enforce the lien and meet this deadline. If you are in this position and an enforcement deadline is looming, consult a construction attorney to learn more about your options, including sending a Notice of Intent to File a Mechanics Lien to an owner. This allows the owner one final opportunity to resolve the payment dispute. 

Although an Asheville contractor attorney can help you successfully file a claim of lien on a property; in many cases, there are other effective ways to resolve a payment dispute. At Cotney Construction Law, our attorneys draft demand letters, perform alternative dispute resolution services, and provide contract drafting, revision, and review, among other legal services that can assist you with resolving payment disputes.

If you would like to speak with an Asheville contractor lawyer, please contact us today.

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.