We were subcontracted by a builder to do work on a house. The homeowner and builder had a falling out and we have not been paid yet for labor and materials. The homeowner has stated that they would pay us directly but has failed to do so yet. Should we file a lien? What do we need to file? And how?
Filing a mechanics lien is a great way for construction businesses to make sure they're paid for their work. In fact, because mechanics liens are so effective, the mere threat of a lien claim will often lead to payment without the need for an actual lien filing. So, if an owner continues to side step the issue of payment, leveraging the ability to make a mechanics lien claim could be really effective. More on that here: What is A Notice of Intent to Lien And Should I Send One?
As for actually making a North Carolina mechanics lien claim - the rules can be a little tricky and hard to succinctly lay out. Here is some great content on those rules and how to proceed with a lien claim: (1) How to File a Mechanics Lien in North Carolina – A Step-by-Step Guide; and (2) North Carolina Mechanics Lien Guide and FAQs. Additionally, there are online services - including Levelset - which can help with pursuing NC lien claims.