Andrew Atkins, Peter Marino and Patrick Wilson | Smith Anderson A recent North Carolina Court of Appeals decision reiterates the importance of knowing who you are dealing with when undertaking work or selling materials in connection with any construction or development project in our state. In Davis & Taft,1 the Court of Appeals found that the design… Continue reading Beware of the Risks! No Ownership, No Lien
Tag: Lien Claims
Construction Law: Final Payment by Owner, Avoiding Lien Claims
Donalt J. Eglinton | Wardand Smith | September 5, 2018 A contractor has finished work on a construction project in North Carolina and submitted a written request for final payment to the owner of the real property that has been improved by the construction. The owner is concerned about having to deal with liens from… Continue reading Construction Law: Final Payment by Owner, Avoiding Lien Claims
Lien Equals Security Interest, but Lien Does Not Equal Proof of Amount Due
Stanley A. Martin – November 20, 2013 A lien claimant has learned the hard way that proof of the amount due must be established at trial, and one cannot simply rely on the existence of the lien claim to prove what is due. Absent the necessary proof, the lien will be dismissed. Mechanic’s liens are… Continue reading Lien Equals Security Interest, but Lien Does Not Equal Proof of Amount Due