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How do I handle add orders?

Work in the construction industry by selling windows and doors mainly to builders. More times than not we will have add orders for a specific job (some taking up to 2 years to complete). Is it legal in North Carolina to treat each order and add order as a separate 'job'? If not, how do I handle the furnishing dates so as to not lose our lien rights?

8 replies

Nov 27, 2019

Generally, change orders (or "add orders") will be considered an addition to the job already at hand. So, regarding mechanics lien deadlines, the first furnishing date generally won't be affected by change orders, though the last furnishing date would likely be effectively "reset" where a change order is executed. Of course, keep in mind that a dramatic change order that's out of line with the original agreement or a substantial add order that exceeds the original agreement could indeed be treated as a separate job entirely. Still, that presumption might be overcome if the order clearly indicates it's a continuation of the material being provided to the original agreement. Further, also note that all changes or additions to the original agreement should be made in line with that first contract. So, if the contract for written changes or additions, then everything should be done in writing. If any additions or changes aren't validly made, in line with the contractual terms, then they may end up being not-lienable. For more on change orders and North Carolina lien deadlines in general: - Change Orders and Mechanics Lien Rights - North Carolina Mechanics Lien Guide and FAQs

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