Home>Levelset Community>Legal Help>I am a licensed and insured garage door contractor in Charlotte North Carolina. Almost 1 year ago I install two very expensive doors and openers at a new construction house. Actually it was being renovated if I work all but completely. I didn't realize I was supposed to sign a lien waiver before I started working and I didn't. Also the text where I actually had the superintendent asking me to come install these doors accidentally got deleted. But I do have text and or emails showing where he did intend to pay me after completion. Also the GC was only used apparently for his name and license but wasn't actually on the job. The person who was on the job with all of the subcontractors is the guy that hired me. I'm trying to find out how I can get this $4,200 they owe me? The people have been living in the house almost a year now with free garage doors and openers which is not right. The guy I was working for apparently had heart troubles and in and out of the hospital and he says nobody's getting paid but I don't believe him.
I am a licensed and insured garage door contractor in Charlotte North Carolina. Almost 1 year ago I install two very expensive doors and openers at a new construction house. Actually it was being renovated if I work all but completely. I didn't realize I was supposed to sign a lien waiver before I started working and I didn't. Also the text where I actually had the superintendent asking me to come install these doors accidentally got deleted. But I do have text and or emails showing where he did intend to pay me after completion. Also the GC was only used apparently for his name and license but wasn't actually on the job. The person who was on the job with all of the subcontractors is the guy that hired me. I'm trying to find out how I can get this $4,200 they owe me? The people have been living in the house almost a year now with free garage doors and openers which is not right. The guy I was working for apparently had heart troubles and in and out of the hospital and he says nobody's getting paid but I don't believe him.
I've got about 9 days until the one-year mark from the time the work was completed and the invoice sent.
1 reply
Aug 23, 2018
I'm sorry that you have found yourself in this position. Not getting paid what you have earned is frustrating and unfair. I'll try to provide some information that may be helpful, and empower you to always get paid on your projects.
In North Carolina, subject to some exceptions, there are notice requirements that must be met prior to filing a mechanics lien against the property. For all project other than projects for which the original building permit was less than $30,000, or projects on an owner-occupied, single-family residence, a notice to lien agent is required. While this is supposed to be sent within 15 days from the potential lien claimant’s first furnishing of labor and/or materials to the project it is still effective if given at any point prior to the lien being filed if the property hasn't been sold.
Additionally, if the GC on the project filed a notice of contract, the subcontractors and suppliers must file a notice of subcontract in order to qualify for mechanics lien protection.
However, even in the situations in which none of the above notice requirements apply, there are still rules and requirements that must be followed in order to claim a lien. Specifically, there is a timing deadline by which a lien must be filed. In North Carolina, a mechanics lien must be filed and served within 120 days from the claimant's last furnishing labor or materials to the project. If this deadline passes, the ability to claim an enforceable mechanics lien is lost.
However, just because a party may be unable to file a mechanics lien, that doesn't mean that the potential to recover is lost. A lawsuit can be filed to recover the amount due - and in North Carolina if the amount at issue is less than $10,000 suit may be filed in small claims court to speed up the process (and make it cheaper).