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I want to know if I can still file a lien on the project if we have been working on site for the past 6 weeks?

North CarolinaMechanics LienRight to Lien

We started a solar commercial project 5 weeks ago. Our scope of work as grown as the General on site needs more work done that we can perform. The payments are starting to slow down and I’m worried that we will not get all of the monies due to us at the end of the project. Is it too late to file a lien? With every different task we have been asked to do I do stop work until we get a contract from the general, but I am being told that you have to file one before you even show up on site.

1 reply

Apr 20, 2020
Generally, yes - if your payment has become due and if your customer hasn't paid you what you're owed, then you should be able to file a valid and enforceable mechanics lien. Regarding change orders - it's important to properly execute and document change orders in order to fully protect payments owed for changes. This sounds very similar to another question posted recently, and you can read that Q&A here: Can I file a lien on a construction project even if I have been on site and been working for 6 weeks? That answer also breaks down why prematurely filing a lien might be a bad idea, and how other tools - like invoice reminders, demand letters, and Notices of Intent to Lien - can be useful for forcing payment.
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