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Need to caclulate 120 days from date of last furnishing for a notice of lien?

May 25, 2010

Just a quick resource note: 

Photo by Andres Rueda via Flickr*

 

As anyone who has had the misfortune of sitting through the North Carolina General Contractor’s exam can tell you, there are two very important deadlines to keep in mind if you are not getting paid on a project– 120 days and 180 days.  These are dates associated with filing a Notice of Claim of Lien on Real Property  and Notice of Claim of Lien upon Funds, and the date associated with perfecting  a Claim of Lien with a Complaint.  Once these dates have passed, you may still sue to collect unpaid fees, but your statutory lien rights are lost (and with them, your most likely chance to get attorney fees). There is no room for error here.   One good site to bookmark is this online Date Calculator.  Use it to plug in the date of last furnishing to determine your notice and complaint deadlines.   For future reference, I have added a permanent link to this calculator to the “Resources” page.                         

50 state lien law resource: 

 If you need to know the basic notice and filing requirements of lien laws in other states, check out this article which details mechanic lien law information  in  all 50 states.                      

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 Photo “ASIO fx-991MS SCIENTIFIC CALCULATOR” by Andres Rueda via Flickr and made available via an Attribution-Noncommercial-ShareAlike 2.0 License.                     

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From → lien issues, tips

8 Comments
  1. Thanks for linking to our 50-state lien law resource at JDSupra. Another cool resource for contractors looking to calculate lien deadlines in North Carolina is Express Lien’s lien calculator through its free Lien Pilot. That’s also something we put together. It’s free to contractors and calculates the lien deadlines for them based on trigger dates they put into the system – sort of like this Date Calculator, but just specific to the lien deadlines.
    Check it out:
    Lien Deadline Calculator

  2. Thanks Scott for that link. Looks like a good resource.

  3. Hi Melissa – I’ve come back to this page to comment again :). I mentioned our lien calculator software in my last comment, but we’ve just released something new that might fit well on this page.

    I see that right now you have invite your readers to visit the Date Calculator, and calculate dates. We’ve just released a Lien Calculator Widget that is much more robust than this date calculator. Instead of just counting days, it will calculate the lien and notice deadlines based on basic project criteria.

    You can add it to this page for free. Learn about it, test it, and get the code for the widget here: http://www.lienpilot.com/partner/widget/.

  4. Kenny Mack permalink

    What’s my recourse for an improperly filed lien, specifically well beyond the 120 days.

    • Kenny:

      If the date for filing a lien is past, the contractor can still bring a lawsuit for breach of contract so long as the 3 year statute of limitations has not expired. If you are the owner on a project where a lien was wrongly filed, if it does not get perfected by 180 days then it is the same as if it never existed as far as the title goes.

Trackbacks & Pingbacks

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