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No written contract and lien preliminary notice, is a mechanical lien valid?

North CarolinaConstruction ContractMechanics LienPreliminary Notice

Hi, A contractor installed a concrete pool deck and his job was unacceptable. I refused to pay and found out the contractor is not following manufacturer's recommendation for coping installation; I requested the contractor to follow it to avoid leaving a mess again and he refused. I got a letter from a lawyer requesting full payment in 10 days and access for him to finish the job. I replied back with a letter saying, that I was happy to let him complete the job but he will have to use the correct coping materials and manufacturer's installation guidelines. We never signed an official contract other than a text message agreement. We did not get a preliminary notice either. Can the contractor filed the Lien and can we easily dispute it since the preliminary notice was not provided? Thanks

1 reply

Jan 30, 2020
Sorry to hear about your situation. To see if the contractor has the right to file a North Carolina mechanics lien, I'll break your question down into two parts. First, the North Carolina mechanics lien law does not have any specific provision requiring a written contract in order to file a mechanics lien. We do have a full map outlining which states require a written contract to file a mechanics lien.  Now secondly, regarding preliminary notices. A North Carolina Preliminary notice is known as a Notice to Lien Agent. This is required id a Lien agent is present. However, lien agents aren't required on projects where either the building permit was less than $30,000 or the property is an owner-occupied, single-family residence. Under these circumstances, a preliminary notice isn't required to secure the right to file an NC lien. For some guidance on how to proceed from here, this article may prove helpful:
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