Experienced Lawyers Resolving Lien Matters

If you have purchased a new home or commercial building, or if you have recently had a contractor perform work on your property, you may be faced with issues related to a lien on your property.

If you receive notice of claim of lien from a contractor or a subcontractor (also known as a mechanic's lien), there are certain steps you need to take to protect your property. At the Knox Law Center, we will be happy to help with your situation.

If a contractor or subcontractor files a lawsuit to enforce a lien, you should consult with an attorney right away. You should not attempt to handle the lawsuit on your own.

Contractor liens

If a contractor has not been paid for work done on property in North Carolina, the contractor has the right to file a lien at the Clerk of Court's office. The contractor has only 120 days from the last date he or she worked on the property to file the lien.

If you receive a notice of a lien and reach a settlement with the contractor, it is important to obtain a discharge of the lien before issuing payment. Otherwise, the lien could affect your title to the property.

Subcontractor liens

Often, the majority of work on a construction or remodeling project is performed by subcontractors working for a general contractor. If you receive a notice of claim of lien from a subcontractor, you should consult a lawyer and stop all payments to the general contractor until the lien is resolved. If you pay the general contractor after receiving the notice of claim of lien, the subcontractor can acquire lien rights on your property.

If you purchased a newly constructed home from a developer or general contractor, you may receive claims of lien from subcontractors who worked on the property prior to closing. These claims of lien can still be valid even though the property has changed hands. If you find yourself in such a situation, you should contact your title insurance company as soon as possible. Title insurance is designed to protect you and the lender from title issues such as liens.

Attorney consultation

To talk to a lawyer about claim of lien or related litigation, please call 704-315-2363 or 866-704-9059 (Toll free), or fill out our simple contact form on this Web site. We serve clients throughout central and western North Carolina.