North Carolina Lien Law

North Carolina Lawyers Securing Payment for Companies and Individuals - Wilmington

North Carolina's legislature has enacted the “lien law” statute as a mechanism to secure payments to individuals or companies who provide labor, materials, supplies or services to a construction project. The legal rights of a lien claimant can include a lien against real property or against funds due the parties in the Project. Understanding the key elements and limitations of North Carolina's lien law is critical to protecting your rights, your clients' interests, and in limiting the risks assumed by contractors, sub-contractors and suppliers.

It is not necessary for you to have a contract in order to have lien rights. The statutory lien created by North Carolina's lien law modifies normal contract law in that a contractor, sub-contractor or supplier can encumber the properties upon which they provide labor, services or materials to secure payment. In addition to providing a mechanism to secure payment for labor, materials or services, the North Carolina lien law also provides other protections for the potential recovery of attorney fees and costs.

The North Carolina lien law establishes concrete timelines and processes by which a lien can be filed and perfected. Failure to properly file or perfect a lien can result in the loss of those lien rights. When a supplier, contractor or sub-contractor fails to assert a valid claim of lien, they risk unnecessary litigation costs and the loss of valuable rights as against other contractors or the owner. Such a failure is generally due to a lack of understanding of the North Carolina lien law statute.

The lien law also has certain built in protections for the property owner against frivolous claims of lien. In addition to the timing and process limitations, the statute allows for potential recovery of attorney fees and costs should the lien claimant not prevail on their claim.

The attorneys and paralegals at Lea, Rhine & Rosbrugh, P.L.L.C. have extensive experience in all aspect of construction and contract related litigation. They have successfully prosecuted and defended lien cases. So if you are owed money on a project for materials, labor or services provided or if a claim of lien has been filed against your funds or your property, call Lea, Rhine & Rosbrugh, P.L.L.C. at 910-772-9960 or toll free 866-772-9960 for a consultation, or submit an online questionnaire.

A lien must be filed before an applicable expiration date, so please call right away to ensure that you do not waive your right to possible compensation.