Mechanic’s Lien Attorney
We can work with you to resolve your dispute involving unpaid money
Contractors, subcontractors, suppliers, property owners and other businesses involved in construction projects sometimes have a hard time being paid for the work they do on construction projects. Other times, construction-related businesses are wrongfully accused of not paying outstanding debts.
One of the most common methods for resolving such disputes involves filing a mechanic’s lien, also sometimes known as a construction lien. Such legal cases can be very complicated. That’s why it’s critical for business owners involved in such a legal matter to consult with a lawyer to learn more about their rights.
Our attorneys at Eller Tonnsen Bach, LLC in South Carolina and North Carolina can help you every step of the way. We have extensive experience dealing with business litigation cases involving mechanic’s liens. As a result, we have the knowledge and the expertise you need to effectively deal with your case.
What is a mechanic’s lien?
A mechanic’s lien is a legal document that grants the business filing the document the right to seek financial compensation for unpaid bills. Mechanic’s liens are often filed by contractors, subcontractors or suppliers not paid for materials or services performed by their company on construction projects.
A mechanic’s lien applies to a specific property (rather than a specific company) where the construction work took place. As a result, such a document creates a so-called “cloud” on the title. Such issues become part of the public record for the property.
This means that any sale, purchase or refinancing agreement involving the property cannot occur until the mechanic’s lien has been resolved. This often involves paying the business that filed the mechanic’s lien.
What legal issues often come up?
Many legal issues often come up in cases involving mechanic’s liens. Such issues may include:
- Dispute over how much money is owed.
- Debate over whether the bill was paid in full.
- The start date for filing a mechanic’s lien.
The last issue is especially important since each state has distinct deadlines for filing a mechanic’s lien. In South Carolina, the deadline (known as the statute of limitations) is 90 days after the unpaid work was performed or the materials were delivered. The deadline in North Carolina is 120 days for filing a mechanic’s lien.
What solutions exist for resolving such disputes?
There are many different ways to resolve a dispute involving a mechanic’s lien. Such solutions include:
- Paying the outstanding bill to the contractor, subcontractor or supplier who filed the mechanic’s lien.
- Hiring a mediator or arbitrator to resolve the dispute.
- Taking additional legal action in addition to filing a mechanic’s lien, including filing a breach of contract lawsuit.
Don’t underestimate the complexity of your case. Make sure you consult with a lawyer who knows the law and can advise you on the best course of action to resolve your dispute.
How our law firm can help you
Our attorneys have extensive experience working with contractors, other professionals and property owners dealing with mechanic’s liens throughout South Carolina and North Carolina. We can explain your rights and the statutory requirements for filing a lien or renewing one in your state. We can also assist with filing the necessary paperwork with the appropriate government agency or court. Other legal services we can assist with include:
- Removing a mechanic’s lien on a property.
- Initiating or responding to foreclosure proceedings.
- Creating a partial or final wavier of a lien and release.
We understand the importance and the complexity of such cases. That’s why we want to discuss the legal issues facing you and work to resolve your dispute in a timely, cost-effective manner.
Learn more about how we can help you get the right result for your business. Contact our law firm and schedule an appointment at one of our three office locations in South Carolina and North Carolina.