I tried searching for "NC General Statues" at google, like someone at the courthouse (Civil Judgements Division) suggested, and can't find anything on the claim of leans that she said would be on the website. All I need is to find out how to write one up so I can file it at the courthouse. In case anyone is interested in the background, I've included it below.
__________________________________________________________________________
Summary that I'd like to use in drawing up a mechanic's lean against a property:
[Worker 1] contacted [Client 1] through Craigslist.org and agreed to performing a $500 renovation job. As [Worker 1], [Worker 2] and [Worker 3] proceeded to work, their employers introduced additional tasks around the property. [Client 1] and her fiancee guaranteed "good" compensation for the extra labor. The labor continued for 7 days, and an inventory of the tasks was kept. After 7 days [Worker 1] calculated compensation for $1145 and requested it of [Client 1] and her fiancee. They refused to pay more than $700. The workers would not work an additional day without pay and asked for $700 at the end of that day, which was denied. The couple wanted the workers to complete one additional task before receiving payment (a third painting of the bathroom). The workers claim that the nature of the entire job was constantly changing and therefore left the job site without receiving payment.

I did not take part in the agreement or it would have been contractual (on paper) rather than verbal. However, I would like to help Worker 1 get the money that is owed so she can pay Worker 2 and Worker 3. They have purchased another home, renovated the site, and resold it, and are doing the same to this home where Workers 1, 2, and 3 have worked, and that is why I want to take out a mechanic's lean on the property.

10/17/2007 5:00:47 PM

It might help if you search for "lien" instead of "lean".

10/17/2007 5:03:34 PM

It might help if you search for "lien" instead of "lean".

10/17/2007 5:04:26 PM

You don't have a signed contract so you're going to have a lot of work with this one.

If your workers estimated $500 and then ask for $1100, I wouldn't pay either.

If they had a problem with the constantly changing requirements, they should have re-estimated before doing any additional work.

I don't think you have much recourse.

Quote :

"[Client 1] and her fiancee guaranteed "good" compensation for the extra labor."

I wouldn't have done shit more until "good" was defined. Period.



[Edited on October 17, 2007 at 5:06 PM. Reason : end of story]

10/17/2007 5:05:07 PM

Hm. Still having trouble finding the info on a mechanic's lien. (Hey, I heard it over the phone first, come on guys.)

10/17/2007 5:16:44 PM

Quote :

"You don't have a signed contract so you're going to have a lot of work with this one."

Depends on how thorough the other party is. It sounds crazy and unfair, but you can get a judgment against anyone, regardless of proof or legitimacy, as long as the other party fails to respond to the original papers.

Once you submit the claim and the papers are delivered, they have a certain time period to respond. The most common oversight is that the response has to be documented by the clerk of court, and not just mailed certified to the original plaintiff. If the defendant fails to do that, the court will issue a default judgment, which is not the easiest thing to overturn. If the judgment comes through, there will be a lien on the property.

10/17/2007 5:44:35 PM

^^ its still pronounced lean, just spelled differently. sounds like your friends just fucked up, never do a job without payment details in writing

10/17/2007 10:35:08 PM

you cant, suppose to have a signed contract before work is done....if no signed contract with the exact figures, your SOL

10/17/2007 10:54:58 PM

http://www.ncleg.net

has the general statutes. Look in Chapter 44a. You obviously didn't look good enough.

Quote :

"§ 44A-2. Persons entitled to lien on personal property. (a) Any person who tows, alters, repairs, stores, services, treats, or improves personal property other than a motor vehicle or an aircraft in the ordinary course of his business pursuant to an express or implied contract with an owner or legal possessor of the personal property has a lien upon the property. The amount of the lien shall be the lesser of (1) The reasonable charges for the services and materials; or (2) The contract price; or (3) One hundred dollars ($100.00) if the lienor has dealt with a legal possessor who is not an owner. This lien shall have priority over perfected and unperfected security interests. 44A-8. Mechanics', laborers', and materialmen's lien; persons entitled to claim of lien on real property. Any person who performs or furnishes labor or professional design or surveying services or furnishes materials or furnishes rental equipment pursuant to a contract, either express or implied, with the owner of real property for the making of an improvement thereon shall, upon complying with the provisions of this Article, have a right to file a claim of lien on real property on the real property to secure payment of all debts owing for labor done or professional design or surveying services or material furnished or equipment rented pursuant to the contract. (1969, c. 1112, s. 1; 1975, c. 715, s. 2; 1995 (Reg. Sess., 1996), c. 607, s. 2; 2005-229, s. 1.) § 44A-9. Extent of claim of lien on real property. A claim of lien on real property authorized under this Article shall extend to the improvement and to the lot or tract on which the improvement is situated, to the extent of the interest of the owner. When the lot or tract on which a building is erected is not surrounded at the time of making the contract with the owner by an enclosure separating it from adjoining land of the same owner, the lot or tract to which any claim of lien on real property extends shall be the area that is reasonably necessary for the convenient use and occupation of the building, but in no case shall the area include a building, structure, or improvement not normally used or occupied or intended to be used or occupied with the building with respect to which the claim of lien on real property is claimed. (1969, c. 1112, s. 1; 2005-229, s. 1.) § 44A-10. Effective date of claim of lien on real property. A claim of lien on real property granted by this Article shall relate to and take effect from the time of the first furnishing of labor or materials at the site of the improvement by the person claiming the claim of lien on real property. (1969, c. 1112, s. 1; 2005-229, s. 1.) § 44A-11. Perfecting claim of lien on real property. A claim of lien on real property granted by this Article shall be perfected as of the time provided in G.S. 44A-10 upon the filing of the claim of lien on real property under G.S. 44A-12 and may be enforced pursuant to G.S. 44A-13. (1969, c. 1112, s. 1; 2005-229, s. 1.) § 44A-12. Filing claim of lien on real property. (a) Place of Filing. – All claims of lien on real property must be filed in the office of the clerk of superior court in each county where the real property subject to the claim of lien on real property is located. The clerk of superior court shall note the claim of lien on real property on the judgment docket and index the same under the name of the record owner of the real property at the time the claim of lien on real property is filed. An additional copy of the claim of lien on real property may also be filed with any receiver, referee in bankruptcy or assignee for benefit of creditors who obtains legal authority over the real property. (b) Time of Filing. – Claims of lien on real property may be filed at any time after the maturity of the obligation secured thereby but not later than 120 days after the last furnishing of labor or materials at the site of the improvement by the person claiming the lien. (c) Contents of Claim of Lien on Real Property to Be Filed. – All claims of lien on real property must be filed using a form substantially as follows: CLAIM OF LIEN ON REAL PROPERTY (1) Name and address of the person claiming the claim of lien on real property: (2) Name and address of the record owner of the real property claimed to be subject to the claim of lien on real property at the time the claim of lien on real property is filed: (3) Description of the real property upon which the claim of lien on real property is claimed: (Street address, tax lot and block number, reference to recorded instrument, or any other description of real property is sufficient, whether or not it is specific, if it reasonably identifies what is described.) (4) Name and address of the person with whom the claimant contracted for the furnishing of labor or materials: (5) Date upon which labor or materials were first furnished upon said property by the claimant: (5a) Date upon which labor or materials were last furnished upon said property by the claimant: (6) General description of the labor performed or materials furnished and the amount claimed therefor: __________________________ Lien Claimant Filed this ____ day of ____, ____ _________________________________________________________ Clerk of Superior Court A general description of the labor performed or materials furnished is sufficient. It is not necessary for lien claimant to file an itemized list of materials or a detailed statement of labor performed. (d) No Amendment of Claim of Lien on Real Property. – A claim of lien on real property may not be amended. A claim of lien on real property may be cancelled by a claimant or the claimant's authorized agent or attorney and a new claim of lien on real property substituted therefor within the time herein provided for original filing. (e) Notice of Assignment of Claim of Lien on Real Property. – When a claim of lien on real property has been filed, it may be assigned of record by the lien claimant in a writing filed with the clerk of superior court who shall note the assignment in the margin of the judgment docket containing the claim of lien on real property. Thereafter the assignee becomes the lien claimant of record. (f) Waiver of Right to File, Serve, or Claim Liens as Consideration for Contract Against Public Policy. – An agreement to waive the right to file a claim of lien on real property granted under this Part, or an agreement to waive the right to serve a notice of claim of lien upon funds granted under Part 2 of this Article, which agreement is in anticipation of and in consideration for the awarding of any contract, either expressed or implied, for the making of an improvement upon real property under this Article is against public policy and is unenforceable. This section does not prohibit subordination or release of a lien granted under this Part or Part 2 of this Article. (1969, c. 1112, s. 1; 1977, c. 369; 1983, c. 888; 1999-456, s. 59; 2005-229, s. 1.) "

[Edited on October 17, 2007 at 11:08 PM. Reason : .]

[Edited on October 17, 2007 at 11:11 PM. Reason : .]

10/17/2007 11:01:00 PM

is your mans social security checks not coming through?

lounge...sigh...

[Edited on October 17, 2007 at 11:02 PM. Reason : .]

10/17/2007 11:02:18 PM

consult pawl wawl and associates for info on your lean



[Edited on October 17, 2007 at 11:25 PM. Reason : objection on the grounds that this is the lounge! overruled.]

10/17/2007 11:20:22 PM

Quote :

"I tried searching for "NC General Statues" at google"

10/17/2007 11:28:21 PM

Quote :

"NC General Statues [sic]"

Quote :

"Hm. Still having trouble finding the info on a mechanic's lien. (Hey, I heard it over the phone first, come on guys.)"

cddweller

I have nothing against you and I'm really not trying to give you a hard time. But these solecisms are unforgivable--seriously. I mean, you graduated?

10/18/2007 1:48:37 AM

wow is it really pronounced "leen?"

I've never heard the word spoken, but it's obviously french and I would have always said it "lee-en"

of course, in french it's probably more like "lee-ahn"

10/18/2007 8:41:59 AM

Quote :

"you cant, suppose to have a signed contract before work is done....if no signed contract with the exact figures, your SOL"

This is not the case and the statutes above do apply. The contract would serve as evidence to your agreement.

The difficult part here is that what the contractor has would be defined as a "claim".

It comes down to these facts:
Does the client acknowledge that they requested the contractor to perform work?
Was there an agreed upon scope of work to be performed?
Was there a pricing agreement to perform that work?
Was the original scope of work completed? If not, how much of the original scope was completed?
Does the client acknowledge that they requested the contractor to perform work additional work beyond the original scope?
Was there a pricing agreement to perform the additional work?
Was the additional work completed? If not, how much of the additional scope was completed?

Since the ad was posted via craig's list, there are likely email exchanges that provide some of this information. In fact, your friend is likely has a greater advantage than the homeowner.

Going forward, make sure that he provides quotes to his clients with detailed assumptions (a statement of what the price includes and what it does not include). He should then have the client sign a work order once the quote is accepted.

This is important not only for his own protection, but it is a key component of running a business professionally.

Contracts only really become necessary when you're performing high-dollar jobs (~>$5K) or if you are performing ongoing work on a repeat basis.

Good luck to your friend.

10/18/2007 2:22:27 PM

It might help if you search for "lien" instead of "lean".

10/18/2007 4:03:53 PM

Here's what your friends need to do:

Call the client, let them know you will be sending them a line-item invoice of services rendered via certified mail. Let them know over the phone they have 31 days as of the phone call to pay in full, or your friend will file a lien on their property.

Send the invoice (make sure it also states the 31 day limit as well as your right to file) via certified mail.

99.5% of the time they will pay it almost immediately. If not file the lien and they WILL get their money. North Carolina is very pro-worker in cases like this, because most homeowners (and people in general) will fucking cheat you out of a dime.

10/19/2007 2:18:02 AM