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What if I am past the 120 day filing time?

North CarolinaLien Deadlines

The last day of work was on 4/12/19

1 reply

Jun 14, 2019
It looks like you are referencing the deadline to file a mechanics lien (against real property) in North Carolina, which is 120 days from the claimant's last furnishing of labor or materials to the project. This is a hard deadline, after 120 days pass from the claimant's last furnishing the potential claimant loses the ability to file a valid and enforceable mechanics lien. There still may be other ways to recover; filing a lawsuit against the non-paying party for breach of contract, breach of prompt pay obligations, or unjust enrichment, or other causes of action; potentially filing a claim of lien on funds if there are still funds in the hands of the property owner due to the GC; or even sending to collections.

However, 120 days from 4/12/19 is August 10th. So, provided all the notice requirements have been complied with, there may still be time to file a valid lien.
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