Update 3/9/2017: The NC Solar Center is now the NC Clean Energy Technology Center. When last visited, the Professional Directory was no longer active.
Considering a Renewable Energy project? Professional who specializes in green construction? Either way, check out the North Carolina Green Professional Directory, published (with disclaimers) by the NC Solar Center. The directory is searchable by professional type, by green technology, and by location, and professionals who qualify can apply to be added to the directory.
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Photo from NC Solar Center
Interested in how to “Green” our Cities? Attend a free web seminar to learn from top experts. Entitled “Retrofitting Cities: How to “Green” the Cities We’ve Got”, the live webinar will be held this Monday, November 22nd at 1pm ET. (Event free but registration required).
The webinar is hosted by the Sustainable Cities Collective, and it is presenting the discussion “to explore the ideas that could make retrofitting the low-hanging fruit of urban re-engineering,” including:
(hat tip to Chris Cheatham, Green Building Law Update blogger and seminar speaker, who alerted me to the webinar)
An Owner can always “Bond off” a lien—————-
If you are the owner of the property, you may not have been aware that subcontractors were not being paid, if lien waivers were not being submitted or were fraudulently executed by the general contractor. Being served with a Notice of Claim of Lien on Funds and/or a Claim of Lien on Real Property can literally stop work on a project. Many construction deeds of trust and similar bank financing require owners to keep the property free from liens or other claims on title.
Rule #1: Never pay “over” a lien. Even if you owe the contractor $80,000, and the subcontractor’s lien is for $5,000, do not think you can set aside $5,000 for the subcontractor (to be worked out later) and pay the contractor $75,000.
Rule #2: Consider your options carefully:
Option 1: Finish the project without any additional payment to the contractor. Pay for a replacement contractor to finish, offset those payments, pay lien claimants from remaining funds.
Option 2: Issue a joint check payable to the lien claimant and the contractor.
Option 3: Bond off the lien upon funds (N.C.Gen. Stat. 44A-20)
To bond off the lien, you issue either a bond (equal to 1 ¼ ) or a cash payment (equal to the full lien value) to the Clerk of Court, which is held pending resolution of the dispute.
Rule #3: If the project is upside down, consider negotiating directly with a subcontractor for a reduced payment in exchange for a lien cancellation filed by the subcontractor.
Rule #4: Whatever you do, do it after consultation with your construction law attorney. Liens cannot be ignored, and properly handling them can make or break your project.
Experience working with a lien on your property? How did you handle the situation? Also, as always, if you have questions or comments about this or any other post, drop me a line.
Note: While I welcome comments from all, be aware that I do not currently accept homeowner (residential) clients.
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Photo “James bond – quantum of solace” by Julien Haler via Flickr/Creative Commons license.
Want more construction law? Want to read about case and statutory developments in other southeastern states?
If you work in one of North Carolina’s neighboring states, check out the Blogroll for blogs written specifically by construction attorneys practicing in Virginia (Chris Hill & Tim Hughes), South Carolina (Clay Olson), and Tennessee (Matt DeVries).
While you’re there, check out all of the other fine bloggers too. There is a lot of good information being volunteered by folks across the nation to help you as you encounter legal issues in your construction business.
Am I missing somebody that I should include on the blogroll? If so, let me know!
Photo “366 * 139 * Taking off my glasses” by Pragmagraphr via Flickr/Creative Commons License.
