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Can I file a Mechanic lien for services?

I was hire by a GC to do some drywall and painting for a Residential house he was remodeling for a Customer Gcc not paying He keeps telling me he will but then doesn’t on 3 different Occasions Servies we’re done over a month ago and he giving me the One excuse after another

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Apr 6, 2020

Generally, yes - North Carolina subcontractors are entitled to file a lien if they go unpaid for their work. Typically, this is done by first pursuing a lien on the project funds. When that claim is sent, it puts the property owner on notice of the payment issue and allows them to withhold payment from their GC. And, if the owner doesn't withhold payment from the GC as a result, then the subcontractor could pursue a traditional mechanics lien claim directly against the property. Levelset breaks that down in this article: How to File a North Carolina Mechanics Lien | Guide + Form Download. And, for more info on pursuing a Lien Upon Funds before a mechanics lien, here's a thorough breakdown: Discussion on North Carolina Lien Upon Funds.

Recovering payment without filing a mechanics lien

If necessary, sending a Lien Upon Funds should be done to ensure the right to file a mechanics lien against the property later on. But, before pursuing a lien against the land, there are some additional recovery tools that can help to get paid without actually liening the property. For one, sending an invoice reminder is a simple way to remind your GC they haven't paid you and that invoices remain outstanding. Sometimes, all that's needed is a formal nudge in the right direction. Escalating things a bit with a payment demand letter could lead to payment, too. Demand letters will threaten legal action and set a timeframe for when payment must be made. And, taking that official step could work to push the GC to do the right thing and pay what's owed. Finally, keep in mind that merely threatening to file a mechanics lien may be enough to get paid. Sending a Notice of Intent to Lien makes sure the owner, GC, and anyone else on the project is aware of the payment issue and will result in a lien if it isn't resolved. Considering the headaches a lien will cause for the owner, it's usually a threat that can't be taken lightly.

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