Home>Levelset Community>Legal Help>What is the deadline to file a mechanic's lien on a charlotte Hotel who stills owes us money from a landscape project done in April 2018?
What is the deadline to file a mechanic's lien on a charlotte Hotel who stills owes us money from a landscape project done in April 2018?
We are still covering the weekly plant services for this project.
3 replies
Aug 30, 2019
In North Carolina, a mechanics lien must be filed after the debt becomes due, but within 120 days from the date of last furnishing labor or materials to the project. Parties entitled to mechanics lien protection in North Carolina include parties providing landscape work, or furnishing trees or shrubbery. However, purely routine maintenance work like trimming trees and grass generally doesn't qualify for lien protection.
Whether a valid and enforceable lien may be filed, then, depends on whether the work was completed more than 120 days ago, or whether the "continuing service" aspect of the contract extends the lien deadline. Generally, trivial or incidental work does not function to extend lien deadlines, but work critical to the completion of the original contract does. This can be confusing when the original contract calls for ongoing services.
Even in situations in which the ultimate validity of a lien may be in question, however, sometimes sending a notice of intent to lien can open up communication and help streamline payment.
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Aug 30, 2019
Would like to use levelset to send notice of intent to lien.
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Aug 30, 2019
Great! If you are a current customer, you can do so through your account. Otherwise, you can follow this link: https://app.levelset.com/wizard/SelectDocument/ and select "Send a Warning."
You'll be asked to provide some project information, but the process is quick and easy.