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Do I have any lien rights.

I recently finished a job for a lady who is power of attorney for her mother that owns the property. During this job, the house was sold and I agreed that I would finish the job. Now that I have submitted my bill, the insurance company is balking at the amount and I have let the homeowner know, that she owes this bill. What are my lien rights in this situation?

1 reply

Oct 17, 2019

Generally, a contractor will maintain mechanics lien rights even where the property has been sold during or after the completion of their work. This is because mechanics lien rights tie to the property where work was performed, rather than to any specific individual. More on that here: What Happens If I File My Mechanics Lien After the Property Was Sold? Further, when a new property owner authorizes and allows work to continue on the property even after the sale, it would seem that much more clear that lien rights would be available for work performed but not paid for. For more on South Carolina mechanics lien rights and notice requirements, these resources should be helpful: (1) North Carolina Mechanics Lien Guide and FAQs (2) North Carolina Preliminary Notice Guide and FAQs Recovery options before resorting to a mechanics lien filing Note, though, that there are other options that may be worth exploring before resorting to a mechanics lien claim. By showing the customer and also the insurance company you're serious about getting paid, they may be more willing to resolve the payment issue. For one, discussing the issue with the customer can help to sort things out before a full-on dispute erupts. Further, easing into a dispute with something like a demand letter may also help to force payment without actually escalating the issue too far. Taking things a step further, sending a document like a Notice of Intent to Lien can do the trick. A Notice of Intent to Lien acts like a warning shot - it informs recipients that, if the payment issue isn't resolved, then a mechanics lien will soon be filed. And, considering the drastic implications of mechanics lien claims, it's common for the potential for a lien filing to spring an owner into action. More on that option here: What Is a Notice of Intent to Lien and Should You Send One?

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