If you think you may be entitled to a Claim of Lien, it is important to consult an attorney in a timely manner, as there are quick deadlines for filing a Claim of Lien and instituting a lawsuit.
A Claim of Lien on Real Property must be filed and served within 120 days of the last furnishing of labor or materials.
A Claim of Lien on Real Property may not be amended, so it is important that the Claim of Lien is properly completed at the time of filing and service.
After a Claim of Lien has been filed, a lawsuit to enforce the Claim of Lien must be commenced within 180 days of the last furnishing of labor or materials.
The timelines for perfecting a Claim of Lien and instituting a lawsuit to enforce a Claim of Lien are not forgiving. It is important to ensure that you and your counsel have time for due diligence so that the proper allegations are made and pleadings are timely filed and served.
If you are a General Contractor, First Tier Subcontractor/Supplier, Second Tier Subcontractor/Supplier, or Third Tier Subcontractor/Supplier who has not been paid on a construction project, you may have a right to file a Claim of Lien on the Real Property. If you are an Owner you may have defenses against a Claim of Lien. Please feel free to contact me if you have any questions.
The information herein is not legal advice. The information is in the form of legal education and is intended to provide general information about the matter discussed. The above is not, nor is it intended to be, legal advice and does not create an attorney/client relationship. If legal advice is required, the services of a professional should be sought. I can be reached at clhicks@cshlaw.com or 919-863-8856 if you are interested in retaining my legal services.
