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What do I do if I filed a Lien and the GC still wont pay me what I'm owed?

North CarolinaConstruction ContractLien ForeclosureMechanics LienPay ApplicationsRecovery OptionsRetainage

The GC finally met with us and offered to pay a fraction of what they owe. Then when we wouldnt accept the offer they said "thats fine, we can go to court and just chew up your time and money on legal fees" What should we do. At this point they owe us nearly $60,000.

1 reply

Nov 23, 2020

There are a number of different steps that can be taken after a mechanics lien has been filed, which Levelset discusses here: The 4 Steps to Take After Filing a Mechanics Lien. As mentioned there, a Notice of Intent to Foreclose can show the customer that you aren't scared to go to court, if need be. Granted, if they're already geared up for a legal battle, they may be willing to take that chance. 

Additionally, it's important to make sure the owner is fully aware of the lien claim and what it means for their property rights. As a result, contacting the owner directly and requiring that they either make payment or force their GC to do so can be an effective step.

If it looks like the potential for legal action doesn't sway a GC, then filing a complaint with the North Carolina Licensing Board for GC's might be effective

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