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Home>Levelset Community>Legal Help>Can a contractor, a house painter, file a mechanics lein on my property if they've only completed <25% of the work?

Can a contractor, a house painter, file a mechanics lein on my property if they've only completed <25% of the work?

North CarolinaMechanics LienRight to Lien

Can a contractor, a house painter, file a mechanics lein on my property if they've only completed less than 20% of the work after a month’s time and I’ve already paid them 33% of the total agreed amount? Now, the painter had demanded an additional 33% which I said I’d pay when I saw at least 2 days of work progress. But, the painter verbally threatened me to pay at the beginning of the second day vs the end. So, I promptly terminated their work after the threat.

1 reply

Jul 15, 2020
Generally, a contractor is only entitled to file a mechanics lien for work that's been performed but not paid for. A contractor cannot file a lien for future work or future amounts owed. Granted, if you've agreed to a specific payment schedule and failed to pay on time, then the amounts owed but not yet paid may be lienable. With that being said, that doesn't mean that a lien can't be filed. County recorder offices have neither the bandwidth nor the authority to investigate each claim made. But, if the contractor does opt to file an exaggerated lien, the owner will be entitled to challenge that lien claim, get the lien tossed aside (if appropriate), and could even be entitled to damages, attorney fees, etc. What's more, if the claimant makes a false lien, they could also be facing a Class 1 misdemeanor. I think these articles should be useful here: (1) I Just Received a Mechanics Lien Threat – What Should I Do Now?; and (2) A Mechanics Lien Was Filed on My Property – What Do I Do Now?
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