Full question:
0000What are the homeowner's rights regarding a contractor mechanic's lien on new construction which has been filed with the county and served? If a homeowner made all payments for construction as work progressed, but refused payment of a final small sum for clearly disputed additional contractor's charges, what rights does the homeowner have and how should he proceed after receiving the lien?
- Category: Real Property
- Subcategory: Liens
- Date:
- State: North Carolina
Answer:
If a contractor has filed a mechanic's lien against your property, it's important to understand your rights. Since you made all payments for the construction but withheld a final payment due to disputed charges, you may have valid grounds to challenge the lien.
To proceed, consider the following steps:
1. **Review the lien**: Ensure it was filed correctly and that the contractor followed all legal requirements.
2. **Document your payments**: Keep records of all payments made and any correspondence regarding the disputed charges.
3. **Consult an attorney**: It's advisable to seek legal advice tailored to your situation. An attorney can help you understand your options and may assist in disputing the lien.
4. **Respond to the lien**: Depending on your state's laws, you may need to formally respond to the lien within a specific timeframe to protect your rights.
Consulting a local attorney who can review all relevant documents and facts is recommended.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.