Tag Archives: north carolina liens

September 3, 2014 · 8:57 AM

Have a Lien Claim Arising from an Improvement to Leased Property? Aim for the Right Target.

Embed from Getty Images

In most cases, the “owner” of a tenant improvement project is NOT the record owner of the real property, but rather the tenant who entered into the contract for the improvement.

That distinction can be critical when perfecting and enforcing mechanics liens in North Carolina.

Take, for example, the fireproofing contractor who asserted a mechanics’ lien enforcement action against both the landlord and the tenant of a leased premises in yesterday’s unpublished Court of Appeals decision in Century Fire Protection, LLC v. Heirs.

Continue reading →

Leave a comment

Filed under Lien Law, NC case law

Tagged as , , , , , ,

January 30, 2013 · 4:56 PM

Why I Support Limiting North Carolina’s Lien Agent Statute to Residential Construction Projects

Photo Credit: Marietta Daily Journal

Photo Credit: Marietta Daily Journal

This afternoon I attended the first lien law “Stakeholders’ Meeting” of the North Carolina General Assembly’s 2013 Regular Session.  The purpose of today’s meeting was to give folks in support of and opposition to proposed legislation that would limit the state’s new lien agent notice requirements to one- and two-family dwelling units 30 minutes per side to argue their respective cases.

I spent just under ten minutes of the “pro” side’s time making an argument that I’ve memorialized in the letter attached, below.  To read a larger version of the letter, click the expand button in the lower right-hand corner of the Scribd application.

This issue is still very much ripe for discussion, and so I invite and value your comments.

2 Comments

Filed under Lien Law, State law, policy & news

Tagged as , , , , , , , , , , ,