Construction Litigation and Lien Law

We know that our construction clients need wise and vigorous counsel in contract negotiation, court, and arbitration.  We are experienced construction lawyers and have detailed knowledge of the laws related to contracting, whether on public or private construction projects.   More importantly, we know construction – from design to foundations to roofing.  We understand the nuances of lien law, payment and performance bonds, and construction law.  Our experience benefits our clients.  Our construction law practice areas include:

  • Litigation
  • Liens
  • Arbitration
  • Construction contracts - preparing and negotiating
  • Mediated settlement conferences
  • Bid protests
  • Department of Labor investigations
  • Davis-Bacon Act issues
  • Payment and performance bonds
  • Construction insurance issues

We recognize that construction-related disputes significantly increase the cost of building projects, and can jeopardize important business relationships. Our firm is committed to providing proactive legal advice and representation to protect your rights in construction projects.

Our firm handles all aspects of public and private construction litigation and contracting. Our construction lawyers have represented contractors, owners, developers, subcontractors, architects, engineers, and sureties throughout the state of North Carolina. In addition, our lawyers have significant experience handling payment and collection issues related to private and government construction contracts state-wide.

We understand that changes in the scope of a construction project can result in significant cost increases for contractors, subcontractors, and owners. Our construction law attorneys have an in-depth understanding of complex issues associated with contracts, including, constructive and formal change orders, acceleration claims, loss of efficiency claims, delay claims, consequential damages, and differing site conditions.  Lien rights are an important legal tool to secure payments to contractors, subcontractors, and suppliers.  

Our construction clients have a lot in common; they want to be paid for the materials and services they provided on construction projects.  Because they perform the majority of this work before they are paid, their lien rights provide a valuable safety net to ensure payment.

The lawyers of Erwin, Capitano & Moss, P.A. possess in-depth knowledge of the North Carolina lien laws and assist contractors, subcontractors, and suppliers in enforcing their lien rights.  Although every state in the United States provides builders, contractors, subcontractors, and suppliers with legal means to get paid for their work — mechanic's liens — the lien laws vary from state to state.  In North Carolina, a claim of lien on real property must be filed within 120 days of the claimant's last furnishing of labor or materials, and the lawsuit to enforce the lien must be commenced within 180 days of the claimant's last furnishing of labor or materials. A lien on the funds owed to a higher tier contractor protects the lien claimant’s right to payment.  

As of April 1, 2013, to preserve all of their rights, contractors and subcontractors working on projects with a total cost greater than $30,000 must provide a "Notice to Lien Agent" within 15 days of first providing labor or materials to the project.  While liens may seem straightforward, they are packed with details and legal requirements that can make the lien nearly useless – or put the lienholder first in a line of creditors. 

Many of our lawyers concentrate their practice on construction law, including Fenton Erwin, Joe Moss, and Lex Erwin.   If you are a construction professional seeking quality legal representation and counsel, contact the North Carolina construction lawyers of Erwin, Capitano & Moss, P.A.

The material on this website is not provided as legal advice.  The cases mentioned on this website are illustrative of the matters handled by the firm and do not include all prior cases or results.  Results in any case depend upon a variety of factors unique to each case.  Prior results do not guarantee a similar outcome in any future case.