Legal Question in Construction Law in North Carolina

A contractor has put a lien on my home in NC for the $3000.00 I still owe him for renovations. This was done 60 days ago. I have made payments to them to pay the bill. They are now threatening to sue for the remainder despite my effort to pay. Since the lien is on the home are they able to do this??


Asked on 2/20/14, 2:49 pm

1 Answer from Attorneys

Yes, of course. They have to sue within 6 months of filing the lien or else the lien will dissolve.

See the statutes below:

NC Gen. Statute � 44A-13. Action to enforce claim of lien on real property.

(a) Where and When Action Commenced. - An action to enforce a claim of lien on real property may be commenced in any county where venue is otherwise proper. No such action may be commenced later than 180 days after the last furnishing of labor or materials at the site of the improvement by the person claiming the claim of lien on real property. If the title to the real property against which the claim of lien on real property is asserted is by law vested in a receiver or is subject to the control of the bankruptcy court, the claim of lien on real property shall be enforced in accordance with the orders of the court having jurisdiction over said real property. The filing of a proof of claim with a receiver or in bankruptcy and the filing of a notice of lis pendens in each county where the real property subject to the claim of lien on real property is located within the time required by this section satisfies the requirement for the commencement of a civil action.

NC Gen. Stat. � 44A-16. Discharge of record claim of lien on real property.

(a) Any claim of lien on real property filed under this Article may be discharged by any of the following methods:

(3) By failure to enforce the claim of lien on real property within the time prescribed in this Article.

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Answered on 2/20/14, 10:16 pm


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