We get quite a few questions on a regular basis where someone has provided labor and/or parts and service to a piece of construction equipment, motorized vehicle and now even electric vehicles and you have not been paid. What should you do? Is it possible that you can keep the equipment or sell it, even if the title owner was not the person who asked you to repair it?
As we all know, it is important to know who you are contracting and working with in the business context. Especially when there is a business entity involved. Do you know the actual and correct business name? In the construction trade, if the company says they are owner of real estate, does that matter for lien rights?
As an initial matter, it is worth pointing out that a sub-contractor’s best bet for getting paid is to timely file a mechanic’s lien within 120 days of the last day of furnishing labor or materials. However, sometimes, things happen. This has been particularly true recently with COVID-19 related shutdowns, delays, and closures. If you are a sub-contractor who needs to be paid, but you find yourself outside of the 120-day mechanic’s lien filing window, you have another lien option: a claim of lien on funds
“Can I recover my attorney’s fees?” is a question we often receive at the outset of litigation. The general rule in North Carolina is that each party is responsible for its own attorney’s fees, unless the contract or a statute provides otherwise.
Vann Attorneys will be hosting this webinar on Thursday, October 19, 2017 from 3:00 to 3:30 p.m. North Carolina Lien Law in 2017: Three Important Things to Remember. Join us as we discuss the current lien law for North Carolina. We will identify three areas of the law that are important to remember as subcontractors and/or suppliers.
The North Carolina General Assembly is considering Senate Bill 602 which will modify the existing law concerning Lien Agents and the North Carolina Lien law. The bill provides a new provision to the existing law which would provide a way for a Lien Claimant to give notice of cancellation of the Notice to the Lien Agent upon full payment.
