Legal Question in Construction Law in North Carolina

My husband hired a contractor to build an attached garage. Before the garage was finished my husband passed away. The contractor is now stating that my husband asked him to do some extra work that was not in the contract. There were no addemdum to the contract, nothing about this extra work was ever written up and signed by both parties, as was stated in the orginal contract.

My husband never mentioned any extra work that he needed done.

do I have to pay this contracto for the so called verbal work. can he put a lein on my property if I do not pay? I never signed the orginal contract but my name is on it.

thanks


Asked on 9/28/09, 9:19 am

1 Answer from Attorneys
Jeff Rosner Rosner Law Firm P.A.

It would probably be best to consult with an attorney, review the facts and have him/her write letter to contractor. If he hasn't started the extra work yet - just tell him he is not authorized to do any more work. If he has done it, then he may be able to place a lien on the property - it really depends on the facts.

Either way, a lien has certain requirements - it needs to be placed within 120 days of the last date of work and then the contractor would have to sue you within 180 days after the date of last work or else the lien would be cancelled by operation of law. The contractor could always sue for breach of contract but you may have valid defenses - again depending on the facts.

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Answered on 10/04/09, 10:02 pm


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