I am a material supplier who was in a joint check agreement with the GC and a subcontractor. The GC and sub are in conflict now and when I approached the GC about our final payment of $243K. I was told the JCA was not a contract between us. All checks have been jointly issued and the JCA shows the total amount we are due. The Preliminary Notice was not completed on time and I was told that the Lien could be challenged because of the lack of a Preliminary. Is there anything that can be done at this point?...Read More
Since the mail has been slower than usual lately, I'm worried that some preliminary notices won't arrive until after the work is finished and paid, particularly on jobs with a quick turnaround. Do we have to wait until we first furnish labor/materials to get the preliminary notice sent, or can we start that as soon as the contract is signed?...Read More
We are a general contractors that perform commercial and residential renovations. However, our client has refused to pay the final balance that is now past due for the services that we already completed for her home. We then filed a mechanics lien on the property. We are now ready to file a notice to foreclosure lien document since we still haven't received payment. However, we were just informed that a notice to lien document was required first in NC. Should we still proceed with filing the notice to forclosure lien document?...Read More
We are a material supplier hired by an entity who is the property owner and GC on a commercial project. We are ready to send our Preliminary Notice to Lien Agent, but we still have another month until the initial furnishing date. Will we still retain our lien rights if we send this notice early?
Thank you....Read More
We're a staffing company, and are in a situation in NC where we're considering filing a lien on a project, and are now realizing that we originally sent our prelim notice to an address that is incorrect. Our customer gave us the address of a parking lot, which is where the employees met up for work, but the work was done at a different location down the street. Is our prelim invalid, and therefore we have no lien rights? What recourse do we have?...Read More
Is there a NC preliminary notice of lien required when the contract is under 30,000? Also is there a lien notice required to be included NC roofing/construction contracts? If not is there a preliminary notice we can put in our NC contract that meets the criteria for the notice to the lien agent and or owner regardless of the amount, from day one of signing the contract?...Read More
I'm a subcontractor who performs solar installs for Unlimited License Electrician Companies. I provided work to complete a service call that was not related to any of the installs my crew personally Installed, it was an additional service provided and they will not oblige to the charge of $750.00. ...Read More
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?
I did work on a few properties for a warranty company as a subcontractor and they keep telling me that their going to pay me but it's been a month now! And I want to know weather or not I can file a lien against the property?...Read More
For a project in North Carolina where we are a supplier for solar panels, we have not been paid in full yet and would like to file a Mechanic's lien.
There are a couple issues: we thought the solar panels were going to be delivered to "Project A" and we filed a Preliminary Notice to Lien Agent for that address in April. Later, we received word that the delivery address is going to be changed to "Project B" for the entire order as they ran out of room for "Project A". We filed a second Preliminary Notice to Lien Agent within the 15 day limit in May for "Project B".
With these 2 Preliminary Notice to Lien Agents filed, we still have not been paid yet and are approaching 120 day limit on October 25th. The issue is that we just received word that after we delivered the solar panels to "Project B", that the customer themselves moved all the solar panels without installing them back to "Project A" and installed them there.
My first question is whether we should file a Mechanic's lien on our final delivery address to "Project B" or whether we should file the mechanic's lien on where the solar panels were moved by and installed by the customer to "Project A"? To clarify, we were not involved in moving the solar panels from "Project B" to "Project A", it was the customer who moved the solar panels and installed them.
My second question is whether these 2 Preliminary Notice to Lien Agent cancels each other out in any way and if we still have lien rights?
Thank you....Read More