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Are we considered to be active if we still have equipment on the job site in North Carolina?

North CarolinaLien DeadlinesMechanics Lien

We are a subcontractor on a North Carolina job site, where the project has had delays. Work has stopped at this point with the expectation to resume in the spring. We have not been onsite for 60+ days, but we still have equipment on site. Is our last day of furnishing considered to be the last day we actually were onsite or the day our equipment is removed? Commercial Project

2 replies

Oct 8, 2020

Generally, simply leaving equipment on site won't be enough to extend the timeframe for filing a mechanics lien. Rather, the lien deadline will typically be the last date when work was actually done on site. Levelset discusses that in further detail here: What’s the ‘Date Labor or Materials Last Delivered’ and How Can I Prove It? 

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Oct 9, 2020
To clarify, our formwork is installed on-site. Being that it is installed equipment, would this extend our rights? We will have to remove/uninstall the equipment and demobilize at some point, will this extend the timeframe?
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