I did work on a few properties for a warranty company as a subcontractor and they keep telling me that their going to pay me but it's been a month now! And I want to know weather or not I can file a lien against the property?
1 reply
Dec 18, 2019
Generally speaking, parties who furnish labor or materials to a construction project (an improvement to property) can file a mechanics lien to protect the amount they are owed, provided they meet the rules and requirements. Since a mechanics lien is a very powerful tool, and can even result in the property being sold to satisfy the debt, there are very strict rules, procedures, and deadlines that must be met in order to claim a valid lien.
In North Carolina, “any person who performs or furnishes labor or professional design or surveying services or furnishes materials or furnishes rental equipment pursuant to a contract . . . with the owner of real property for the making of an improvement thereon” has a right to file a claim of lien on real property. However, lien rights in North Carolina are tricky for subcontractors - you can read more about that here. In any event a North Carolina lien must be filed and served within 120 days of the date the claimant last furnished labor or materials to the project.
Also, subcontractors have notice requirements to meet in North Carolina prior to being able to file an enforceable mechanics lien. In many circumstances a "Notice to Lien Agent" is required to be provided, which is usually accomplished through a filing on the electronic notice registry liensnc. Other notices may also be required depending not he particular situation. You can find out more about preliminary notices in North Carolina here.