Legal Question in Consumer Law in North Carolina

My husband and I had a contract with a roofing company to replace the roof on our house. The work was completetd in June 2010 and the company was paid the full amount agreed upon within the contract. However since that time I was unaware that the company had gone out of business and filed bankruptcy in August 2010. I also found out that the company also didn't pay many of of their suppliers and vendors. I was made aware of this fact because we received a certified letter from one of the company's suppliers stating that a lien had been put on our property because of non payment from the above mentioned company. We had no agreement with the supplier and didn't even know they existed until we received the letter. My question is what can we do to get the lien taken off our property since the suppliers contract agreement was with the roofing company and not us.


Asked on 10/18/10, 12:44 pm

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

A lien will lapse after 180 days from the date of last work unless the contractor files a lawsuit. In your case, the contractor would have had to file a subcontractor's claim of lien and notice of claim of lien on funds. The other thing you can do is write a letter (or have an attorney write a letter) demanding removal of the claim of lien since the contractor had been paid in full prior to your receipt of the subcontrator's lien. if you do get sued, you will need to hire an attorney but based on the facts you presented, there should be no claim against you or your property.

- Jeff

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Answered on 10/26/10, 5:40 am


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