March 29, 2019

This piece is directed to property owners and contractors alike. The contractor’s lien is a versatile tool, or hammer, depending on your perspective. It allows a contractor to file a claim of lien within 120 days after the contractor last performed work or provided materials on the project. The lien expires unless the contractor files suit within 180 days after the last date of work.

I refer to the lien statute as a hammer because it has provisions allowing a contractor’s lien to become effective on the first date of the contractor’s work, even if the contractor has been paid for that work. Moreover, the filing of a lien, even when the quality or cost of the work has been disputed by the homeowner, can create problems and friction between th...

November 7, 2016

Building a new home is a massive investment, and not just in terms of money. For many, it represents the chance to create a beautiful and amazing space where you can spend the rest of your life.  So, it can also require a massive investment of time, energy, and emotion.

With all the excitement, it’s easy to get whisked away while contemplating the bright new future.  However, building a new home is also an extremely risky endeavor.  For those of you undertaking this process, you should read through the following 5 tips for reducing those risks as you move forward.

1.  Consult a Competent Construction Attorney.

First, you should absolutely consult with a competent construction attorney regarding the contracts that will apply to your build....

September 21, 2016

If you’re a carpenter or other skilled tradesman who often works in construction before getting completely paid, then you’re probably aware that North Carolina has mechanic’s and materialmen’s lien laws.  These laws allow a person or business entity who performed labor improving real property to file a lien against that property if the owner fails to pay for that work.  The lien acts as a cloud on title, frustrating further real property transfers, and ultimately allowing you to foreclose on the property as a means to enforce a judgment.

But as any good construction lawyer knows, there are strict statutory deadlines for filing these liens and for filing lawsuits to enforce them.  In North Carolina, you have 120 days from the date of the...

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We are North Carolina litigation and business law attorneys. We focus our litigation practice on complex legal matters with significant issues of law or damages. Whether you are a private individual negatively affected by the actions of another, an entrepreneur starting or protecting a business, or working through governmental regulations, we have the experience and skills necessary to ensure you have effective, efficient legal representation. Call Wimer & Snider at Asheville Legal for your consultation today. 828-350-9799.

The attorneys at Wimer & Snider, P.C. in Asheville have represented clients in much of the United States, including North Carolina, South Carolina, Georgia, Florida, California, Virginia, and Texas. We are licensed to practice law in North Carolina and Texas. Our offices are conveniently located in the arts district of West Asheville, NC.   Phone: 828-350-9799

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