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Can I file a lien claim on a project completed in early 2019? If not, what are my options?

North CarolinaLien Deadlines

Hello, I am a NC licensed General Contractor. It is a very long story but I have a client that owes me approx $9,000.00 for work we completed sometime in early 2019 and billed on 7-1-19. I don't think I have any chance of still filing a lien on their buildings but someone told me I may be wrong about that so I thought I would check. Thanks, Greg Cockerham

3 replies

Jun 3, 2020

Unfortunately, the time to file a NC mechanics lien has passed. Under NC. Gen. Stat. §44A-12(b) a claim of lien may be filed not later than 120 days after the last furnishing of labor or materials at the site of the improvement by the person claiming the lien. If the last date that work was performed was in 2019, then the lien filing window has closed. There are other options available to you. Most notably a lawsuit for breach of contract and/or unjust enrichment. Also, given that your claim is under $10,000, they can be brought in NC small claims court. You won't need to hire an attorney, but I'd still recommend reaching out to one for some guidance. Here are some additional resources you may find helpful:

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Jun 3, 2020

Thank you.

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Jul 17, 2020

Hi Greg, If it's a business that owes you money I can help. Just send me an email for a free quote to srauch@rauchmilliken.com Best regards, Steve

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