Paul Rahn is a partner at Robertson Hollingsworth Manos & Rahn where he has practiced law continuously since 1998. He focuses in the areas of commercial, construction, real estate litigation and arbitration and community association law as well as counseling clients in contract negotiation and other transactions. Mr. Rahn’s clients include owners, contractors, subcontractors, design professionals, sureties, homeowners associations, cooperatives and condominiums, and other businesses as well as individuals. More...More...
The critical date is the last day you supplied material to the project. Material that is earmarked for the Project but hasn't actually been supplied is not included in a mechanic's lien. The deadline to record and serve the lien is 90 days from the last date of supply of material. Please reach out if you have further questions. See More...
It is hard to say without knowing all of the details which include the terms and conditions of your contract but as long as you aren't signing a lien waiver or satisfaction and the check isn't marked "payment in full" or isn't accompanied by something saying that is all they are paying you there is a good chance you can accept the payment without much risk. Having said that, the devil is in the details and we are happy to discuss the facts of your particular situSee More...See More...
In most instances in South Carolina, the manner in which retainage is released (or held) is defined by the terms of a contract between the parties. With the exception of public projects (those performed for governmental entities) retainage is whatever the parties agreed to when contracting. Having said that, Subcontractors have a right to be paid within a reasonable time and your right to file a lien is still subject to the 90 day time limit from the last datSee More...See More...
The answer to your question depends on the specific wording of the contract but note that North Carolina has an anti-venue shifting statute North Carolina. A provision in any construction contract is void and against public policy if it makes the contract, subcontract, or purchase order subject to the laws of another state, or provides that the exclusive forum for any litigation, arbitration, or other dispute resolution process is located in another state. N.See More...See More...
Your issue is an interesting one as the terminated sub is probably not going to voluntarily sign a deductive change order or lien waiver. If the last date of supply of labor or material for that subcontractor is more than 90 days ago (in South Carolina) then the sub has no basis to file a mechanic's lien as their rights have expired. You could therefore advise the GC of this and request they issue payment. Alternatively, you could ask the GC to pay you whSee More...See More...
Liens filed by Robertson Hollingsworth Manos & Rahn, LLC
Below you can find a list of recent liens filed by Robertson Hollingsworth Manos & Rahn, LLC on behalf of their construction clients.