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Can I file a mechanics Lien?

Can a mechanics lien on real property in the state of NC be filed if a subcontractor has not been paid and the owner claims he has paid the general contractor in full and if the project has been completed, it has been less than 60 days since I last worked there.

1 reply

Sep 23, 2019

North Carolina is generally what's considered an "unpaid balance" state. Meaning, the amount of a potential mechanics lien claim is typically limited to the amount that an owner has failed to pay to their general contractor. So, in a situation where the project's general contractor has been paid in full, a sub or supplier might not be able to file their lien claim against the project property. However, if a Notice of Claim of Lien Upon Funds has previously been sent to the property owner, then that owner would be liable for making full payment to the general contractor and their property could be liened, to some extent. Finally, note that the deadline to file a mechanics lien, if one is available, will be 120 days from the last date of furnishing labor or materials to the project. This article does a good job of explaining how, when, and to what extent North Carolina subcontractors will be entitled to a mechanics lien: How to File a North Carolina Mechanics Lien | Guide + Form Download.

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